Traffic Stop Virginia Drug Transaction Lawyers Carroll County
HALLS V. COMMONWEALTH OF VIRGINIA
Defendant filed a motion to suppress on the basis that the initial stop of his automobile violated his constitutional rights under U.S. Const. amend. IV. At a hearing for defendant’s motion to suppress, police officers testified that they observed a vehicle pull up to a group of six to eight men. One of the men left the group and walked toward the vehicle. The man bent down, reached into the vehicle, removed his hand and walked back to the group. Believing that they had observed a drug transaction, the officers pulled the automobile over shortly after it left the group. The Commonwealth argued that the stop of defendant’s vehicle was a permissible stop under Terry v. Ohio, because the officers were trained to identify potential drug transactions. The court found that neither officer saw anything exchanged between the occupants of the vehicle or the man who left the group to approach the vehicle. The officers did not hear any conversation between the men and did not observe any suspicious activity in the vehicle.
- Whether the officer has sufficient specific objective facts to create a reasonable suspicion that the occupants of the vehicle may be involved in criminal activity?
The court determined that the facts did not create a reasonable suspicion that the occupants of the vehicle had engaged in criminal activity. Since the evidence was insufficient to justify stopping defendant’s vehicle, court concluded that defendant’s Fourth Amendment rights were violated. The court granted defendant’s motion to suppress.
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Article written by A Sris
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.
Suppression of defendant’s arrest for driving while intoxicated was not warranted as the arrest was valid where the police officer had a reasonable, articulable suspicion for an investigatory stop of defendant.
One of the most frustrating things in Virginia is getting a traffic ticket in Virginia.
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