Jerry Lee Washington v. Commonwealth of Virginia
728 S.E.2d 521
Va. Ct. App.2012Background
- Hendersons reported a burglary and theft from their home; deputies responded to the scene around noon.
- Deputy observed a broken kitchen window and footprints in the snow leading from the damaged vehicle to Washington’s trailer.
- Footprints were distinctively checkered and described as fresh given recent snowfall, creating probable cause and an ongoing burglary concern.
- Deputies knocked on Washington’s trailer; it opened, they conducted a protective sweep, and observed the stolen toolbox and shoes matching the footprint pattern.
- They left without seizing evidence, secured a warrant, and later re-entered the trailer to recover the stolen items.
- Washington was later arrested; he was indicted for burglary with intent, grand larceny, and destruction of property; Washington moved to suppress the evidence from the trailer, which the trial court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrantless entry into the trailer lawful? | Washington contends the entry violated the Fourth Amendment. | Commonwealth argues probable cause and exigent circumstances justified the entry. | Yes; entry was justified, taint did not invalidate later warrant. |
Key Cases Cited
- Glenn v. Commonwealth, 49 Va. App. 413 (Va. App. 2007) (review of suppression rulings; defer to trial court findings)
- Hill v. Commonwealth, 18 Va. App. 1 (Va. App. 1994) (exigent circumstances justify warrantless entry to determine burglar presence)
- Kentucky v. King, 131 S. Ct. 1849 (2011) (exigent-circumstance warrant exceptions; objective reasonableness)
- Ashcroft v. al-Kidd, 131 S. Ct. 2074 (2011) (limits on considering officer subjective motives)
- Robinson v. Commonwealth, 273 Va. 26 (2007) (subjective motive irrelevant to Fourth Amendment analysis)
- Herring v. United States, 555 U.S. 135 (2009) (exclusionary rule requires more than a mere violation; deterrence focused)
- Hudson v. Michigan, 547 U.S. 586 (2006) (suppression concerns; costs of exclusion)
- Thomas v. Commonwealth, 57 Va. App. 267 (Va. App. 2010) (policy on officer duties and reasonableness of actions)
- Ryburn v. Huff, 132 S. Ct. 987 (2012) (split-second judgments; avoid hindsight)
- United States v. Taylor, 624 F.3d 626 (4th Cir. 2010) (on-the-spot judgments in investigations)
- United States v. Singer, 687 F.2d 1135 (8th Cir. 1982) (early exigency/exit reasoning for burglar investigations)