Traffic Stop Prince William County Virginia Lawyer Intent Distribute Possession
Traffic Stop Prince William County Virginia Lawyer Intent Distribute Possession
Ruther v. Commonwealth
Facts:
Police stopped and arrested defendant for reckless driving. After spotting cocaine in the car as they looked in the glove compartment for defendant’s operator’s license and vehicle registration, the police arrested defendant for possession. A further search of the car revealed more drugs. Defendant filed a motion to suppress the drugs. The trial court denied the motion, and defendant was convicted for possession of cocaine with the intent to distribute, possession of marijuana, driving on a suspended license, and speeding. Defendant appealed his conviction by the Circuit Court of the Prince William County (Virginia), for possession of cocaine with the intent to distribute, possession of marijuana, driving on a suspended license, and speeding.
Traffic Stop Prince William County Virginia Lawyer
Issue:
- Whether the trial court properly denied the defendant’s suppress motion?
Discussion:
The court affirmed in part and reversed and dismissed in part. The court affirmed the trial court’s denial of the motion to suppress, holding that because the police were authorized by Va. Code Ann. § 19.2-81 to arrest defendant for reckless driving, the drugs were legally found in a search incident to a lawful arrest. The court, however, reversed the trial court’s finding convicting defendant of driving with a suspended license, because the record did not show that defendant was aware that his license was suspended. The court reversed and dismissed the trial court’s conviction of defendant for driving with a suspended license, affirmed the trial court’s denial of defendant’s motion to suppress, and affirmed the trial court’s conviction of defendant for possession of cocaine with the intent to distribute, possession of marijuana, and speeding
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket.
A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Suspended License Virginia Custody Retention Lawyers Newport News City
Suspended License Virginia Custody Retention Lawyers Newport News City
BURN V COMMONWEALTH
Facts:
Defendant argued that the trial court erred in denying his motion to suppress, because the officers lacked probable cause to arrest him for possession of marijuana and thus, to perform a search incident to arrest. The appellate court disagreed. Following the denial of defendant’s motion to suppress, the Circuit Court of the City of Newport News (Virginia) convicted defendant of possession of cocaine with intent to distribute and possession of marijuana.
Suspended License Virginia Custody Retention Lawyers
Issue:
- Whether the suspended driving offense or any other matters appreciably lengthen the detention while still in custody for the traffic offense?
Discussion:
This court held that at the time the officers observed that they thought was marijuana in defendant’s vehicle, defendant was already in police custody for driving on a suspended license. One officer was still explaining the summons to defendant when the other officer saw the marijuana stem. No evidence in the record suggested that defendant executed the summons prior to the discovery of the marijuana. The appellate court further noted that defendant could be questioned about the suspended driving offense or any other matter that did not appreciably lengthen the detention while still in custody for the traffic offense. In addition, the trial court did not err in concluding that police officers had probable cause to search the vehicle after observing what they believed to be contraband on the floorboard, as one officer testified about his prior narcotics experience and specialized training in drug recognition. The judgment of the trial court was affirmed.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Traffic Stop Virginia Drugs Cocaine Lawyers Brunswick County
Traffic Stop Virginia Drugs Cocaine Lawyers Brunswick County
Mc. RENOLD v. COMMONWEALTH OF VIRGINIA
Facts:
A police officer observed a pickup truck with an inoperative brake light. He stopped the vehicle and intending to issue Ellis a summons for inoperative brake light. The officer recalled that Ellis and her passenger had a “previous narcotics history.” This conversation took about a minute. On his way back to his vehicle, the officer called for a canine narcotics unit to assist him. He then got back into his vehicle to issue the summons for the equipment violation. The canine narcotics unit arrived and searched Ellis and discovered cocaine. Ellis was convicted by the Circuit Court of the City of Virginia Beach of possession of cocaine.
Traffic Stop Virginia Drugs Cocaine Lawyers
Issue:
- Whether the trial court erred in fails to suppress the evidence of cocaine found on her person during a traffic stop?
Discussion:
The court held that “the officer’s one-minute conversation about drugs cannot be characterized as an exploitive, unconstitutional act. Where a seizure of a person is based on probable cause to believe that a traffic violation was committed, an officer does not violate the Fourth Amendment by asking a few questions about matters unrelated to the traffic violation, even if this conversation briefly extends the length of the detention. Ellis consented to a search while being detained by an officer having probable cause to issue her a citation for a malfunctioning brake light. The drug dog’s multiple alerts and Ellis’s subsequent consent took place before the officer completed the paperwork necessary for issuing a summons for the equipment violation. The brief, incremental delay caused by the officer’s questions regarding drugs did not violate the Fourth Amendment and, a fortiori, did not constitute an exploitive basis for securing Ellis’s consent.” This court finds that no error in trial court reasoning or result, affirmed the trial court judgment.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Traffic Ticket Virginia Driving Suspended License Attorneys Richmond City
Traffic Ticket Virginia Driving Suspended License Attorneys Richmond City
GARRY v. COMMONWEALTH OF VIRGINIA
Fact:
On August 20, 1998, Officer observed Garry traveling in a car at a high rate of speed. Officer initiated a traffic stop and discovered Burney’s license had been suspended. He placed Garry under arrest for reckless driving and driving with a suspended license and conducted a search of his person incident to arrest. The Officer searched Garry for illegal contraband, escape devices, and weapons. During the search, he pulled Burney’s waistband out in the front and immediately saw two plastic bags in front of Burney’s genital area. One bag contained crack cocaine and the other bag contained heroin. After defendant’s motion to suppress the evidence obtained during a search of his person was denied, defendant entered conditional guilty pleas for possession of heroin with the intent to distribute, possession of cocaine with the intent to distribute, and failure to appear in court. The Circuit Court of Richmond (Virginia) accepted the pleas and convicted him. Defendant appealed.
Traffic Ticket Virginia Driving Suspended License Attorneys
Issues:
- Whether the trial court erred in denying his motion and admitting the Commonwealth’s evidence?
- Whether the police conducted a “strip search and the search violated Code § 19.2-59.1?
- Whether the evidence was obtained as a result of an illegal search?
Discussion:
The court held that the offenses did not constitute traffic infractions. Consequently, the definition of a strip search in Va. Code Ann. § 19.2-59.1 did not apply to the case. The officer pulled back the waistband of defendant’s underwear and looked inside, immediately spotting two bags containing suspected narcotics. Contrary to defendant’s contention, the evidence did not indicate that the officer could see defendant’s genitals when the officer pulled back his underwear. The officer did not touch defendant’s genitals. Thus, defendant was not subjected to a “strip search,” and the trial court did not err by denying his motion to suppress the evidence obtained during the search incident to his arrest.
Hence this court affirmed the Judgment of the trial court.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
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