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Virginia Court Rules Positive Alert by Narcotics Dog Was Not Sufficient Probable Cause to Search Passenger
October 04, 2009
Topic: Police Procedure, Stops & Searches
In Whitehead v. Commonwealth, the Virginia Supreme Court has held that a positive alert on a vehicle, detained after as traffic stop, by a trained narcotics detection dog, certified to detect the odors of marijuana, cocaine, heroin, and methamphetamine, combined with the subsequent fruitless searches of the vehicle, the driver, and two passengers, did not provide sufficient particularized probable cause to allow a search of the only remaining passenger in the vehicle. Accordingly, the court held that the judgment of the Court of Appeals holding that the search at issue did not violate the Fourth Amendment was in error and therefore was reversed. In addition, because the evidence seized as a result of the search should have been suppressed, there would be insufficient evidence to sustain a conviction for possession of a scheduled I or II controlled drug on retrial. The court therefore vacated the Defendant's conviction and dismissed the indictment.
Manikas Law LLC | 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 Virginia felony, misdemeanor, & traffic/motor vehicle defense lawyers. Serving Fairfax County, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), and other parts of Northern Virginia.
Attachments:
VaSupCt-Whitehead2.pdf
