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Tag Archives: Supreme Court of Virginia

Search & Seizure – Traffic Stop – Anonymous Tip – Outstanding Warrants (access required)

The Supreme Court of Virginia affirms defendant’s conviction on cocaine and marijuana charges, based on evidence discovered pursuant to a traffic stop police made after they got an anonymous tip that a black male, about 5’7” to 5’9”, with outstanding ...

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Municipal – Water Surcharge – Non-Town Resident – Legislative Act (access required)

A town may impose a surcharge for water and sewer service extended to county residents outside the town, and the Supreme Court of Virginia reverses the circuit court’s contrary decision that struck down the 100 percent surcharge by the Town ...

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Criminal – Grand Larceny From Person – Struggle – Cash-Drawer Currency (access required)

There was sufficient evidence to convict defendant of robbery for grabbing cash from a convenience store cash register, after struggling with the cashier, but the Supreme Court of Virginia applies the “ends of justice” exception to reverse defendant’s conviction of ...

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Search & Seizure – Probable Cause – Public Intoxication Arrest – Cocaine (access required)

An officer had probable cause to arrest defendant for public intoxication, based on booze on his breath, his bloodshot eyes and belligerent conduct, and the search of his vehicle incident to his arrest was correct on the law at the ...

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Search & Seizure – Felon In Possession – ‘Right Result, Wrong Reason’ Doctrine (access required)

Applying the “right result, wrong reason” doctrine, the Supreme Court of Virginia reverses a firearms conviction because it was error to affirm denial of a suppression motion on the ground that defendant consented to the seizure of a gun and ...

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Search & Seizure – Auto Passenger – PCP Vial – ‘Right Result, Wrong Reason’ (access required)

Because the factual record for defendant’s motion to suppress PCP in his pocket supports appellate review of whether the trooper had reasonable articulable suspicion to pat down defendant, or probable cause to arrest, both Fourth Amendment issues, the Supreme Court ...

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Criminal – Sexually Violent Predator – Civil Commitment – Mental Health Expert (access required)

A respondent subject to civil commitment as a sexually violent predator could change his decision to cooperate with a mental health assessment, a choice he made earlier without benefit of counsel, so that he could present expert evidence at the ...

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