716 S.E.2d 132
Va. Ct. App.2011Background
- Shifflett entered a conditional guilty plea to DUI and operating an unregistered, uninspected, and uninsured vehicle.
- Trooper stopped a northbound pickup with a farm-use tag on Route 151 near River Road, late at night in winter; three people were in cab.
- Trooper observed beer and whiskey, detected alcohol impairment, and later confirmed unregistered status.
- Trial court denied suppression; Shifflett pled guilty with a conditional plea.
- On appeal, issue is whether the stop violated the Fourth Amendment; court reviews under a reasonable-suspicion standard and farm-use exemptions.
- Court affirms, holding the stop was supported by reasonable suspicion given the circumstances and applicable farm-use vehicle exemptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion? | Shifflett | Commonwealth | Yes, reasonable suspicion existed |
| Do farm-use exemptions apply to the unregistered vehicle given the stop facts? | Shifflett | Commonwealth | Yes, exemptions supported arrest-related determinations under totality of circumstances |
| Did the trial court properly deny suppression based on these standards? | Shifflett | Commonwealth | Yes, suppression denied; convictions affirmed |
Key Cases Cited
- Arvizu v. United States, 534 U.S. 266 (U.S. Supreme Court 2002) (reasonable suspicion allowed stop under totality of circumstances)
- Sokolow v. United States, 490 U.S. 1 (U.S. Supreme Court 1989) (probable cause not required for a stop; reasonable suspicion standard)
- Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court 1968) (stop and frisk framework for reasonable suspicion)
- Ornelas v. United States, 517 U.S. 690 (U.S. Supreme Court 1996) (contextual fact-finding and deferential review of judge's assessment)
- Raab v. Commonwealth, 50 Va.App. 577 (Va. App. 2007) ( Fourth Amendment review of police stops; appellate deference to judge's factual inferences)
- Morris v. City of Virginia Beach, 58 Va.App. 173 (Va. App. 2011) (reasonable suspicion standard applied to local context)
- Vasaio v. Va. Dep't of Motor Vehicles, 42 Va.App. 190 (Va. App. 2004) (statutory licensing/registration framework for farm-use vehicles)
- Duke v. County of Pulaski, 219 Va. 428 (Va. 1978) (limits on exemptions for unregistered farm-use vehicles)