91 Va. Cir. 311
Wise Norton Cir. Ct.2015Background
- On Feb. 7, 2015, Captain Jeff English received a tip from a town resident that Defendant appeared "high" in Pound, Virginia.
- Captain English located Defendant standing outside a restaurant, approached him, and got no verbal response; Defendant began to walk away.
- English ordered Defendant to stop twice; when Defendant accelerated to walk away, English grabbed his sleeve and handcuffed him, effecting a seizure.
- While detained, Defendant muttered that he had "a meth lab in my pocket," and English retrieved a Gatorade bottle from Defendant’s pocket.
- Defendant moved to suppress statements and physical evidence as products of an unlawful seizure; the Commonwealth conceded the lack of corroboration for the tip.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to detain after tip | Tip plus officer observations (eyes more open, anxious) justified investigatory stop | Tip alone, plus silence/walking away, insufficient; seizure unconstitutional | No reasonable suspicion; seizure unconstitutional |
| Whether defendant’s silence/walking away justified further detention | Silence and walking away were suspicious and justified detention | Silence/walking away protected; not enough to corroborate tip | Silence/walking away insufficient to corroborate tip |
| Whether the good-faith exception saves the evidence | Officer acted in good faith; suppression would not further deterrence | Detention was unlawful; good-faith exception inapplicable because conduct should be deterred | Good-faith exception rejected; suppression appropriate |
| Whether statements and physical evidence must be suppressed | Evidence was properly obtained after lawful detention | Evidence was fruit of unconstitutional seizure and must be suppressed | Statements and bottle suppressed as products of unlawful seizure |
Key Cases Cited
- Alabama v. White, 496 U.S. 325 (tip reliability and need for corroboration to support investigatory stop)
- Florida v. J.L., 529 U.S. 266 (anonymous or bare-bones tips about narcotics/guns require indicia of reliability)
- United States v. Mendenhall, 446 U.S. 544 (definition of seizure by show of authority or physical force)
- United States v. Leon, 468 U.S. 897 (good-faith exception to the exclusionary rule)
- United States v. Peltier, 422 U.S. 531 (limits of exclusionary rule when officers act in good faith)
- Adams v. Commonwealth, 275 Va. 260 (purpose of exclusionary rule and deterrence rationale)