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Recently, a state appellate court issued a written opinion in a Virginia drug crime case discussing whether the arresting officer legally stopped the defendant’s vehicle. Ultimately, the court concluded that the stop was illegal, and ordered the suppression of all evidence recovered as a result. The case illustrates when an officer’s mistake can result in the suppression of evidence.

The Facts of the Case

According to the court’s opinion, the defendant was driving in the right-hand lane on Route 360. As he approached an intersection, the defendant changed lanes into the center lane. In doing so, he crossed a single, solid-white line indicating the beginning of the intersection. There were two other cars on the road at the time, but neither was directly behind the defendant.

A police officer was traveling about 100 feet behind the defendant, when he observed the defendant’s lane change. Believing that the Virginia law prohibits a driver from crossing a solid-white line when changing lanes, the officer pulled the defendant over. The officer recovered drugs as a result of the traffic stop.

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Earlier this year, a state appellate court issued a written opinion in a Virginia drug possession case discussing whether the evidence presented proved that the defendant knew the drugs were in the center console of the vehicle he was driving. Ultimately, the court found that there was insufficient evidence to establish constructive possession, reversing the defendant’s conviction. The case presents a good example of the concept of constructive possession.

According to the court’s opinion, police officers pulled over the defendant for speeding. When the officer approached the car, he smelled marijuana and noticed that the defendant was nervous and sweating. The officers searched the car, finding a small baggie of marijuana in the center console. Also in the center console was a piece of crumpled up notebook paper with a single Oxycodone pill inside. There was no evidence presented regarding who owned the car, how long the defendant had been using the car, or where the marijuana was found in relation to the oxycodone.

At trial, the defendant convicted of possession of marijuana and oxycodone. The defendant appealed his conviction for possession of oxycodone, arguing that there was no evidence suggesting that the pill was his or that he knew about the pill’s presence.

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