739 S.E.2d 910
Va. Ct. App.2013Background
- Ross, a convicted felon, was subject to a home visit for a social-services home study.
- DSS social worker and police planned a joint home visit; the social worker had not been authorized to enter the residence without Ross’s consent.
- During the visit, police, with weapons drawn, entered Ross’s residence and placed him under arrest without prior probable cause or a warrant.
- A protective sweep found marijuana and firearms; officers obtained a search warrant based on these observations.
- Ross moved to suppress the evidence as tainted by an unlawful entry; the trial court denied the motion and Ross was convicted of possession of a firearm by a felon under Code § 18.2-308.2.
- The Court of Appeals reversed, holding the warrantless entry was unlawful and neither the emergency nor community-caretaker exceptions justified it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless entry into Ross’s home violated the Fourth Amendment. | Ross | Commonwealth | Unlawful entry; suppression required. |
| Whether the emergency exception applies to justify the entry. | Ross | Commonwealth | Not applicable. |
| Whether the community-caretaker exception applies to justify the entry. | Ross | Commonwealth | Not applicable. |
Key Cases Cited
- Kyer v. Commonwealth, 45 Va. App. 473 (Va. Ct. App. 2005) (emergency and community-caretaker analysis guidance)
- Washington v. Commonwealth, 60 Va. App. 427 (Va. Ct. App. 2012) (recognizes limits of Fourth Amendment exceptions)
- Ryburn v. Huff, 132 S. Ct. 987 (Supreme Court 2012) (emergency exception scope and reasonableness)
- Kentucky v. King, 131 S. Ct. 1849 (Supreme Court 2011) (exigency and warrant requirements in home entries)
- Williams v. Commonwealth, 49 Va. App. 439 (Va. Ct. App. 2007) (protective sweeps and presence of others in residence)