Last month, a state appellate court issued an opinion in a Virginia drug case involving a defendant’s motion to suppress drugs that were recovered by police under the driver’s seat of a car he occupied. The defendant claimed that the officers’ search of the car violated his constitutional rights. However, the court disagreed, affirming his conviction.
The Facts of the Case
According to the court’s opinion, officers received a call for a “disorderly situation” involving two males and one female. The caller told the 911 operator that one of the people had a gun.
When officers arrived on the scene, they saw two vehicles, parked facing one another. Officers parked on the street, and walked towards the vehicle. As they approached the white car, they saw the defendant in the driver’s seat. When he looked up, he immediately lunged towards the floorboard for a few seconds before getting out of the vehicle.