Banks v. Com.
701 S.E.2d 437
Va.2010Background
- Banks was convicted of possessing a firearm by a felon under Va. Code § 18.2-308.2 and moved to suppress a jacket and gun as fruits of an unlawful seizure.
- Arrest occurred during a Lynchburg police operation for a warrant-based investigation of attempted robbery/shooting at Banks' presumed address, but he was found at 820 Brook Street.
- During arrest, Banks was barefoot in cold weather; officers allowed him to retrieve shoes and possibly a jacket, then Banks went outside to the patrol car.
- Officer Clements, remaining upstairs, obtained a jacket from a bedroom and felt the gun in its pocket while searching for contraband; Mitchell then seized the jacket and gun.
- Circuit court denied suppression, ruling Banks had standing, the search was not a search incident to arrest, exigent circumstances existed due to undress, and inevitable discovery was not shown.
- Court of Appeals affirmed on an alternative ground—that Banks consented to the jacket seizure—without findings on consent; this ground was not preserved or properly supported by the circuit record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Court of Appeals err in affirming on consent grounds? | Banks | Commonwealth | Yes; Court of Appeals erred considering consent. |
| Was the suppression ruling supported by the circuit court record on consent facts? | Banks | Commonwealth | Record lacked competent findings on consent; remand needed. |
| Does the right result for the wrong reason doctrine apply here? | Banks | Commonwealth | No; misapplication because record did not resolve consent dispute. |
Key Cases Cited
- Whitehead v. Commonwealth, 278 Va. 105 (2009) (limits (right result for the wrong reason) doctrine applicability)
- Perry v. Commonwealth, 280 Va. _ (2010) (reconsideration of right result for wrong reason doctrine)
- Gwinn, United States v. Gwinn (4th Cir. 2000) (addressing exigency and dress-related searches)
- Dailey v. Commonwealth, 208 Va. 452 (1968) (observational credibility in weighing witness testimony)
- Eason v. Eason, 204 Va. 347 (1963) (proper scope of appellate affirmation on correct grounds)
- Dailey v. Commonwealth, 208 Va. 452 (1968) (observational credibility in weighing witness testimony)