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Drug Conviction Reversed Because Police Stop and Search of Defendant's Car was Illegal
July 01, 2009
Topic: Drug Crimes
In deciding the case of Rudolph v. Commonwealth, a drug prosecution, the Virginia Supreme Court held that the trial court should have granted the defense motion to suppress marijuana evidence discovered as a result of an illegal stop of the vehicle in which defendant was found. The fact that the stop occurred in a "high crime area" was a relevant factor but, standing alone, was insufficient to supply a particularized and objective basis for suspecting criminal activity. Viewing the totality of the circumstances objectively, even though it was 8 p.m. and there had been robberies and burglaries in the area, the circumstances did not supply a particularized and objective basis to suspect that the defendant's observed behavior was a precursor to criminal activity. Therefore, the stop was in violation of his rights under the Fourth Amendment and the marijuana evidence discovered should have been suppressed. The judgment of the Court of Appeals is reversed, defendant's conviction is vacated, and the matter is remanded with directions. A copy of the opinion is available by clicking on the link at the end of this post.
Manikas Law LLC | For more information on drug cases, visit our main website or call us at 703-873-7473 or 888-503-8075 | We offer a free, no obligation consultation by former prosecutor Kyle G. Manikas | Fairfax and Northern Virginia Drug Possession and Distribution lawyers attorneys law firm. Serving Fairfax County, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), and other parts of Northern Virginia.Serving Fairfax County/Tysons Corner, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), Arlington County, Alexandria, and other parts of Northern Virginia.
Attachments:
VaSupCt-Rudolph.pdf
