Jerry Lee Gibbs v. Commonwealth of Virginia
1115161
| Va. Ct. App. | Jun 6, 2017Background
- Trooper Jason Vaughters observed the appellant’s vehicle with an inspection sticker that was "excessively taped" on all four corners and appeared dirty; he suspected it had been transferred from another vehicle.
- Vaughters testified he had traffic-enforcement experience (about five years, "thousands" of stops) and had previously stopped vehicles for suspicious inspection stickers ~50–60 times.
- Vaughters stopped the vehicle to investigate the sticker; during the stop he learned the appellant was a felony habitual offender.
- The appellant moved to suppress evidence obtained from the stop, arguing the stop lacked reasonable suspicion; the trial court denied the motion, finding the taped sticker justified a stop.
- A jury convicted the appellant of driving after adjudication as a habitual offender; the Court of Appeals affirmed, holding the stop was supported by reasonable, articulable suspicion and remanded to correct a clerical sentencing error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable, articulable suspicion that the inspection sticker was unlawful | Gibbs: the taped sticker did not supply reasonable suspicion; stop was an unreasonable seizure under the Fourth Amendment | Commonwealth: taped/dirty sticker, plus trooper's training and experience, gave particularized suspicion of counterfeit/transferred sticker violating inspection statutes | Court: Held stop lawful — totality of circumstances and officer experience created reasonable suspicion to investigate the sticker |
Key Cases Cited
- Mason v. Commonwealth, 291 Va. 362 (reasonable-suspicion analysis for vehicle stops based on observable decal/objects)
- Moore v. Commonwealth, 276 Va. 747 (officer’s known facts can undermine reasonable suspicion; rental-car context relevant)
- Arvizu v. United States, 534 U.S. 266 (totality-of-the-circumstances approach to reasonable suspicion)
- Ornelas v. United States, 517 U.S. 690 (review of reasonable-suspicion determinations; give due weight to officer training/experience)
- Raab v. Commonwealth, 50 Va. App. 577 (reasonable suspicion need not rise to probable cause; investigatory stop standard)