In a recent case coming out of a Virginia court, the Commonwealth attempted to argue that the defendant’s motion to suppress incriminating evidence should have been denied. Originally, two officers pulled the defendant over in his vehicle and searched the car after getting a glimpse of an open container as well as a bit of marijuana inside. The defendant argued the officers’ search was unconstitutional, and the lower court agreed with him. When the Commonwealth appealed, the higher court affirmed the lower court’s decision and concluded that the officers infringed on the defendant’s right to privacy.
Facts of the Case
According to the opinion, two officers stopped the defendant one evening after they noticed his car traveling across lanes without any turn signal. During the traffic stop, the officers noticed an open container of liquor in the passenger seat. The container appeared as if was partially empty, even though the bottle cap was still screwed on.
The officers asked the defendant’s passenger to produce her identification. When she reached for her purse and wallet, the officers noticed a green, leafy substance inside of her wallet that they suspected was marijuana. The passenger confirmed that she had purchased the substance and that it was indeed marijuana; however, the marijuana was legal and the officers had no reason to suspect there were other drugs inside the vehicle.