Phillip C. BAY, S/K/A Philip C. Bay v. COMMONWEALTH of Virginia
60 Va. App. 520
Va. Ct. App.2012Background
- Phillip C. Bay was convicted on multiple counts relating to manufacturing/possession of explosive devices and related terrorism offenses in Virginia Beach.
- Bay challenged the denial of his motion for change of venue and the denial of his suppression motion.
- Police and fire investigators conducted a first-day search at Bay’s residence with his mother’s consent, uncovering explosive materials.
- An informant reported additional pipe bombs; Investigator Newton obtained a warrant and found more devices during a subsequent search.
- The court affirmed the denial of both the change of venue and suppression motions, upholding the trial court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Change of venue for terrorism charges | Bay argues per se disqualification of Virginia Beach residents. | Commonwealth contends venue is proper under statute and voir dire suffices. | Trial court did not err; venue proper and voir dire adequate. |
| Suppression—consent to search and second-warrant justification | Consent was involuntary; second warrant lacked new probable cause. | Consent was voluntary; second warrant supported by new probable cause. | Denial of suppression affirmed; consent valid and second warrant supported. |
| Probable cause for second-day search warrant | Affidavit lacked new facts and reliability regarding informant. | Affidavit provided sufficient new facts beyond informant statement. | Probable cause for second search found; warrant valid. |
Key Cases Cited
- Barker v. Commonwealth, 230 Va. 370, 337 S.E.2d 729 (Va. 1985) (impartial jury; standard for change of venue)
- Brown v. Commonwealth, 28 Va. App. 315, 504 S.E.2d 399 (Va. App. 1998) (presumption of fair trial; burden on accused to show prejudice)
- Townsend v. Commonwealth, 270 Va. 325, 619 S.E.2d 71 (Va. 2005) (per se disqualification when current client of counsel)
- Gates v. Texas, 462 U.S. 213 (US 1983) (probable cause assessment; totality of the circumstances)
- Garza v. Commonwealth, 228 Va. 559, 323 S.E.2d 127 (Va. 1984) (totality-of-the-circumstances test for search justification)
- Tart v. Commonwealth, 17 Va. App. 384, 437 S.E.2d 219 (Va. App. 1993) (deference to magistrate’s probable cause determination)