Morris v. City of Virginia Beach
58 Va. App. 173
| Va. Ct. App. | 2011Background
- Morris, a commercial truck driver, was cited for exceeding width and failing to secure a load on a tractor-trailer.
- Officer F.D. Godwin observed an oversized load on Morris’s trailer, width extending beyond 8'6" and carrying unsecured boxes on top.
- The observed width appeared to exceed statutory maximums, prompting a traffic stop and investigation.
- Morris could not produce a special single-trip permit; he did present a blanket permit that did not authorize the 12'4" width.
- Officer Godwin noted escort vehicles and oversize signage but did not find evidence of a permit exemption at the scene.
- Trial court denied suppression and Morris was convicted of two violations under City Code § 21-1 incorporating Virginia Code provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop lawful under the Fourth Amendment? | Morris contends the stop was without lawful basis and should be suppressed. | City argues officer had reasonable suspicion based on width exceeded and related indicators. | Yes; stop supported by reasonable suspicion from width violation and accompanying load indicators. |
| Do permit-like precautions negate reasonable suspicion when a permit might exist? | Morris argues permit indicators mean there was no basis to stop. | City contends permit possibilities do not negate initial prima facie violation and do not force presumption of a permit. | No; presence of permit-like precautions does not automatically negate suspicion, officer may investigate. |
| Can an oversized-load width violation justify an investigatory stop under Virginia law? | Morris asserts the statute and permit framework preclude a stop absent explicit permit confirmation. | City maintains width violation plus load indicators justify brief investigatory stop to verify permit status. | Yes; width violation plus supporting indicators justify a brief investigatory stop. |
Key Cases Cited
- Glenn v. Commonwealth, 49 Va.App. 413 (2007) (standard for reviewing suppression rulings; view evidence in light favorable to Commonwealth)
- Raab v. Commonwealth, 50 Va.App. 577 (2007) (objective assessment of officer's actions; subjective motive irrelevant)
- Maryland v. Macon, 472 U.S. 463 (1985) (reasonableness of police actions based on circumstances, not officer state of mind)
- Perry v. Commonwealth, 280 Va. 572 (2010) (reasonableness standard for investigatory stops; lower than probable cause)
- Lawrence v. Commonwealth, 40 Va.App. 95 (2003) (permit possibility does not bar investigation of permit status)
- United States v. Sokolow, 490 U.S. 1 (1989) (reasonable suspicion standard; less than probable cause required)