Virginia Case Law

Court Denies Defendant’s Motion to Suppress in Recent Virginia Gun Case

Published on: July 11, 2021 | by Robinson Law, PLLC

Recently, a state appellate court issued a written opinion in a Virginia gun case discussing whether a detective’s warrantless search of a phone violated the defendant’s protection against unreasonable searches and seizures. Ultimately, the court concluded that the search was legal and that the motion to suppress was rightfully denied by the lower court. The case illustrates when evidence obtained from a detective’s warrantless search can still be used in the trial.

The Facts of the Case

According to the court’s opinion, while attempting to retrieve his phone from inside the restaurant, the defendant approached a waitress in a very hostile manner. A private security guard stepped in front of the defendant, and the defendant eventually urged his friend to grab a gun from the car. The security guard drew his own weapon and asked the individual to drop his firearm. The individual put down the gun. Defendant then picked up the firearm and began firing his gun. The security guard fired back and struck the vehicle, prompting the defendant and his friend to drive away. The defendant did not return.

A detective later recovered a cell phone at the restaurant and without a search warrant, the detective went into the phone settings to find the phone’s identification serial numbers. The detective did not search any other part of the phone. Using the serial number, the security guard was able to find the name and photograph of the defendant. The defendant had an additional cell phone, which the detective used to track the defendant’s location and arrest him.

Motions to Suppress Statements Made Before an Arrest in Virginia

Published on: December 10, 2020 | by Robinson Law, PLLC

Recently a state appellate court issued a decision in a defendant’s appeal regarding statements he made to police prior to his arrest in a Virginia assault case. The case arose when police questioned the defendant about his involvement in a shooting while he was receiving treatment for a gunshot wound at a hospital. Hospital staff contacted police after admitting the man for a gunshot wound. Initially, detectives were unsure whether the defendant was a victim or a perpetrator. There were four detectives and a security guard present while two detectives questioned the defendant about his involvement. During questioning, the defendant’s family member arrived and remained in the room.

Additionally, hospital staff continued to provide medical treatment and collect identification and insurance information from the defendant. Following the questioning, the detective went to another hospital to interview two shooting victims who were believed to be involved in the incident. At that point, they discovered that the defendant was the perpetrator. After the defendant was discharged from the hospital, detectives escorted him to the police department, advised him of his Miranda rights, and arrested him. On appeal, the defendant filed a motion to suppress the statements he made to the detectives at the hospital. He argued that his statements were made in the absence of a Miranda warning.

Under Virginia law, police must advise anyone accused in a criminal case of their Miranda rights before conducting a police interrogation. However, Miranda warnings are unnecessary when the interviewee’s freedom has not been restricted in a way that amounts to being “in custody.” There are various factors that courts use to determine whether a suspect was in custody. These factors include, how the person was summoned to the police, the neutrality of the surroundings, the number of officers present, the degree of physical restraint, the duration and character of the interrogation, and the extent to which the interviewee believed the police found them culpable.

Virginia Appellate Court Reverses Defendant’s Reckless Driving Conviction

Published on: October 6, 2020 | by Robinson Law, PLLC

Earlier this year, a state appellate court issued a written opinion in a Virginia reckless driving case, reversing the defendant’s conviction based on a lack of evidence. The court based its decision on the fact that the evidence presented failed to show that the defendant acted recklessly when he struck a motorcycle from behind at nearly 50 miles per hour.

The Facts of the Case

According to the court’s opinion, the defendant was driving a car on a clear day when he struck a motorcycle from behind. The motorcyclist was stopped, waiting to make a left-hand turn into his home. A truck driver coming from the opposite direction as the defendant witnessed the accident. He explained that the defendant’s car did not appear to slow down or swerve before it hit the motorcyclist.

The motorcyclist died as a result of the injuries he sustained in the accident, and the defendant was charged with reckless driving. A jury convicted the defendant, who appealed his conviction. On appeal, the defendant argued that there was insufficient evidence to prove that he was reckless.

Virginia Court Rejects Defendant’s Claim that She Was Entitled to Resist Arrest Because Officer Was Trespassing

Published on: September 8, 2020 | by Robinson Law, PLLC

Earlier this year, a state appellate court issued a written opinion in a Virginia assault case discussing whether there was sufficient evidence to sustain the defendant’s convictions. Ultimately, the court rejected the defendant’s arguments, affirming her convictions.

The Facts of the Case

According to the court’s opinion, a police officer received a call from the defendant’s home. Upon arriving, the officer parked in the driveway. As he got out of the car, the officer could hear screaming. Moments later, the officer noticed several people standing on the porch, with the defendant in the doorway.

A man on the porch addressed the officer, explaining that he had lived at the home and wanted to get inside to get his belongings. The defendant began shouting that the man had “put his hands on her.” The officer walked up the porch and began to talk to the man. The defendant continued to yell and argue with the man. When the officer told her to stop yelling, she tried to shut the door. The officer put his foot in the threshold to prevent the door from closing.

Virginia Court Upholds Murder Conviction Despite Defendant’s Challenge to How Police Obtained the Evidence Against Him

Published on: May 25, 2020 | by Robinson Law, PLLC

Earlier this month, the state’s high court issued a written opinion in a Virginia homicide case involving the defendant’s challenge to the manner in which the police obtained the evidence that resulted in his conviction for murder. Ultimately, the court concluded that the police officers’ actions in entering the defendant’s home were reasonable, based on the “emergency aid” exception to the Fourth Amendment.

The Facts of the Case

According to the court’s opinion, a man received a text from his brother, the defendant, explaining that he had recently been struggling and that he was about to join their deceased mother. The defendant’s brother tried to get ahold hold of the defendant with little success, and eventually called the police to the defendant’s home.

The defendant’s brother explained his concern and showed the police the text message his brother had sent him. Police approached the defendant’s door and knocked. The defendant answered, but shortly after, police began to hear a “gargling sound mixed with some coughing and moaning, like pain.” Police asked to enter, but there was no response.

Virginia Court Discusses Constructive Possession in Recent Drug Possession Case

Published on: March 19, 2020 | by Robinson Law, PLLC

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.

Virginia Court Affirms Homicide Conviction Following Hit-and-Run Accident

Published on: February 27, 2020 | by Robinson Law, PLLC

Earlier this month, a state appellate court issued a written opinion in a Virginia homicide case discussing whether a hit-and-run car accident could be the basis for a homicide conviction under state law. Ultimately, the court concluded that while not every hit-and-run accident can be the basis for a homicide conviction, neither are hit-and-run accidents categorically prohibited as a basis for such a charge. Thus, the court determined that whether a hit-and-run accident can serve as the basis for a felony-murder charge depends on the specific facts of each case.

Virginia’s felony-murder statute allows for someone to be convicted if they kill another person during the commission of a felony. The classic example of a felony-murder is when someone is accidentally killed during a bank robbery. Say, for example, the defendant’s gun accidentally discharges, or a co-defendant brings along a firearm to the surprise of the defendant. In either case, the defendant could be charged with felony-murder. However, because “malice” is a required element in a Virginia homicide conviction, the underlying felony must either be a violent crime, or a non-violent crime that was performed in a violent manner. The question here was whether a hit-and-run accident could meet such a definition.

According to the court’s opinion, the defendant was involved in a hit-and-run accident. The victim of the accident was someone the defendant knew, and had previously been involved in a relationship with. Evidently, a few days before the fatal accident, the defendant had struck the victim with her vehicle while he was riding a bicycle; however, both the defendant and the victim denied that was the case.

Virginia Court Discusses the Crime of Identify Theft in Recent Appellate Opinion

Published on: February 18, 2020 | by Robinson Law, PLLC

When most people think of identity theft, they picture someone using another’s information to withdraw money or make a purchase. However, earlier this month, a state appellate court issued an opinion in a Virginia identify theft case discussing whether someone can be found guilty of identity theft if they use their own identifying information to obtain money. Ultimately, the court affirmed the defendant’s conviction, concluding that there is no statutory requirement that a person charged with identity theft use another’s identifying information.

According to the court’s opinion, the defendant went to a bank and presented the bank teller with a check that was written to the defendant. The defendant gave the bank teller her own identification and asked to cash the check. The bank teller wrote the defendant’s driver’s license number on the back of the check, but suspected something was awry, as the writing on the check was not uniform. The teller called the account holder, who gave the phone to a police officer who was currently at her home investigating a burglary. As it turns out, the checks were in the process of being reported stolen. As the teller was on the phone, the defendant left the bank.

The defendant was charged with several crimes, including identify theft. The defendant admitted to possessing the check and trying to cash it. However, the defendant claimed that the check was given to her for payment for a television she sold to a woman named “Sug.” The defendant testified that she accepted the check, not knowing the woman’s real name because she needed the money. She also explained that she left the bank because she was scared. The account holder testified that she never gave anyone that check, and that signature on the check was not hers.