Najee Finique Hairston v. Commonwealth of Virginia
67 Va. App. 552
| Va. Ct. App. | 2017Background
- Hairston observed driving behavior Fraser regarded as reckless (speeding, passing on curves with double solid lines) in Pittsylvania County near Danville; Fraser later identified the Camaro and driver as Hairston from photos and a license plate match.
- Detective Land stopped Hairston in a convenience store parking lot after Fraser confirmed the driver; Land noticed a odor of burned marijuana as Hairston exited the car.
- A search of the vehicle yielded cocaine, cannabimimetic agent, packaging materials, and paraphernalia; Hairston was arrested for possession with intent to distribute.
- Hairston moved to suppress the evidence, arguing the stop was pretextual and the basis (earlier traffic infraction) had grown stale; the trial court denied the motion.
- The appellate court reviews the suppression ruling de novo on legal questions but defers to trial court factual findings; it ultimately holds probable cause existed and stale information did not defeat the seizure.
- The convictions for possession with intent to distribute cocaine and cannabimimetic agent, and for driving on a suspended license, were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by probable cause and not rendered stale by time? | Hairston contends the stop was stale and pretextual. | Commonwealth contends Fraser had probable cause and temporally valid basis. | Probable cause existed; staleness did not defeat the seizure. |
Key Cases Cited
- Atwater v. City of Lago Vista, 532 U.S. 318 (2016 (supreme court)) (probable cause to arrest valid under presence of offense)
- Whitetaker v. Commonwealth, 279 Va. 268 (2010) (reasonableness and suspicion standards for seizures)
- Raab v. Commonwealth, 50 Va. App. 577 (2007) (articulable facts not required to be expressly stated; probable cause determined from objective facts)
- Armstrong v. Commonwealth, 29 Va. App. 102 (1999) (timing of arrest after probable cause does not negate legality)
- United States v. Watson, 423 U.S. 411 (1976) (constitutional allow police to arrest with probable cause without warrant)