Thomas v. Commonwealth
57 Va. App. 267
| Va. Ct. App. | 2010Background
- Thomas, a convicted felon, was a front-seat passenger during a late-night traffic stop after the Impala crossed a double yellow line under Code § 46.2-804(6).
- Officers conducted radio checks and allowed backup officers to arrive while the driver was asked about drugs and a canine was brought to the scene.
- Thomas exited the vehicle and was subjected to a pat-down for weapons; a handgun butt was visible, and a loaded handgun was seized.
- Dispatch later informed officers that Thomas had an outstanding capias warrant; Thomas was arrested for the warrant and for carrying a concealed weapon.
- Before a search incident to arrest, Thomas admitted possession of marijuana; officers found marijuana and imitation crack cocaine on him.
- The trial court denied suppression of Thomas’s statements and contraband, and Thomas was convicted of firearm possession as a felon, unlawful possession of a concealed weapon, and marijuana possession as a second or subsequent offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was unlawful as a pretext for drug investigation. | Thomas argues the stop was a pretext to investigate drugs and should be suppressed. | Commonwealth contends the stop was objectively reasonable and independent of any drug motive. | Affirmed; the stop was objectively reasonable and not invalidated by subjective motives. |
Key Cases Cited
- Robinson v. Commonwealth, 273 Va. 26 (2007) (subjective motive irrelevant to Fourth Amendment analysis; objective standards control)
- Brigham City v. Stuart, 547 U.S. 398 (2006) (objective standard governs reasonableness of actions regardless of officer state of mind)
- Whren v. United States, 517 U.S. 806 (1996) (pretextual motive does not invalidate a valid stop based on objective criteria)
- Arizona v. Johnson, 129 S. Ct. 781 (2009) (brief investigations related to a lawful stop do not necessarily convert detention into unlawful seizure)
- Arkansas v. Sullivan, 532 U.S. 769 (2001) (traffic-violation stops not invalidated by being pretext for other investigations)
- Atkins v. Commonwealth, 57 Va.App. 2 (2010) (supporting authority for extending detention for warrant checks while awaiting dispatch information)
- Jones v. Commonwealth, 279 Va. 665 (2010) (authority to detain for reasonable period while confirming identity)
- Brendlin v. California, 551 U.S. 249 (2007) (passengers in a traffic stop may be detained lawfully during the stop)