Commonwealth of Virginia v. Joseph R. Newsome, Jr.
1808241
Va. Ct. App.Mar 21, 2025Background
- Norfolk police observed a gray Nissan speeding at 4:00 a.m. and found, via registration check, that the female registered owner's license was suspended.
- Officers initiated a stop based on speeding and on the information about the suspended license, but the driver (Joseph Newsome) turned out to be a different person.
- Newsome admitted he did not have a license; officers observed signs of intoxication and obtained consent to search his vehicle, discovering narcotics and a firearm.
- Newsome was charged with possession of a firearm by a convicted felon, possession with intent to distribute a Schedule I or II drug, and possession of a firearm while also possessing a controlled substance.
- The trial court granted Newsome’s motion to suppress all evidence, finding the stop lacked reasonable, articulable suspicion; the Commonwealth appealed this ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to stop | Officers observed speeding and knew reg. owner suspended | Officers had only knowledge of registered owner's suspension | Officers had reasonable suspicion |
| Validity of stop based on suspended license | Officers inferred registered owner was likely the driver | Officers didn’t know if driver was reg. owner; no reasonable cause | Inference valid under Glover |
| Extension of stop post-identification | Newsome’s lack of license and signs of intoxication | No valid basis for continued detention after seeing it wasn’t owner | Officers justified in extending |
| Reliance on dashcam and officer testimony | Dashcam/video and officer establish reason for stop | No dashcam discussion about speeding; officerʼs observation lacking | Trial court erred; facts supported |
Key Cases Cited
- Kansas v. Glover, 589 U.S. 376 (2020) (officer may infer registered owner is the driver for reasonable suspicion to stop)
- Whren v. United States, 517 U.S. 806 (1996) (traffic violation justifies vehicle stop)
- Greenway v. Commonwealth, 254 Va. 147 (1997) (officer must have knowledge to estimate speed based on circumstances)
- Mitchell v. Commonwealth, 73 Va. App. 234 (2021) (officer's inference about driverʼs identity provides reasonable suspicion)