Commonwealth of Virginia v. Amanda Collins, 0411173

On Aug. 28, 2015 social workers entered Brenda Collins’s home with her permission to assess the defendant’s child; Brenda identified a bedroom as the defendant’s.
Social worker observed a shaving kit with a glass pipe, a ladle with burned residue, and two bags of a leafy substance; Brenda asked police to be called and later consented to police searching the home.
Officers found the defendant and others hiding in the basement and recovered a backpack in the bedroom containing needles, hoses, baggies, salts and other chemicals; another person (Brandon Moore) told officers the backpack belonged to him.
The defendant said she did not live at the residence, did not stay overnight in the room, that many people had access, and that she was merely holding the backpack for someone else.
Trial court suppressed (1) the physical evidence seized from the backpack and shaving kit as obtained in an unconstitutional search, and (2) statements the defendant made while detained on the porch before being given Miranda warnings in the patrol car.
The Commonwealth appealed under Va. Code § 19.2-398; the Court of Appeals reversed suppression of the physical evidence for lack of standing but affirmed suppression of pre-Miranda statements.

Issue	Commonwealth's Argument	Collins's Argument	Held
Standing to challenge search of backpack/shaving kit	Collins lacked any proprietary or privacy interest in the bags; trial court should have dismissed for lack of standing	Collins argued bedroom and items were hers (homeowner identified bedroom as defendant’s) and she could contest search	Court: Collins did not show a reasonable expectation of privacy in the room/items; no standing, suppression of physical evidence reversed
Validity of search based on homeowner consent	Search constitutional because homeowner Brenda consented to search of the house and its contents	Search unconstitutional as to Collins because items were in the room identified as hers	Court: Did not reach merits after finding Collins lacked standing
Admissibility of statements made while detained on porch (pre-Miranda)	Officers testified Miranda warnings were given on the porch; statements admissible if warnings & waiver shown	Collins argued she was not warned or did not waive on the porch; statements made before patrol-car waiver were involuntary/inadmissible	Court: Commonwealth failed to prove actual warnings and waiver on porch; suppression of pre-Miranda statements affirmed

Ornelas v. United States, 517 U.S. 690 (legal review of Fourth Amendment application reviewed de novo)
Alderman v. United States, 394 U.S. 165 (Fourth Amendment rights are personal)
Minnesota v. Carter, 525 U.S. 83 (defendant must personally have expectation of privacy to assert Fourth Amendment claim)
McCoy v. Commonwealth, 2 Va. App. 309 (totality-of-circumstances factors for expectation of privacy)
Butler v. North Carolina, 441 U.S. 369 (mere silence insufficient to establish Miranda waiver)
Watkins v. Commonwealth, 229 Va. 469 (factual findings about warnings/waiver not disturbed unless plainly wrong)