Watts v. Commonwealth
57 Va. App. 217
| Va. Ct. App. | 2010Background
- On December 8, 2007, Officer Maxey observed Watts' gold car with a peeling inspection sticker, missing front plate, and new temporary tag on NRHA property.
- The car parked in a private lot on a public street adjacent to the NRHA property, in a manner that occupied a resident parking spot.
- Watts exited the car toward the apartment complex, was approached in a consensual encounter, admitted not having a driver’s license, and fled when Maxey attempted a pat-down for weapons.
- Maxey returned to the car area, asked residents about ownership, and then tows were planned; he searched the car after the tow was planned.
- During the search, Maxey found a center console that was not factory-set and, lifting it, recovered crack cocaine and marijuana.
- Watts was able to be identified as the driver via photos and other car contents; he was charged with possession of cocaine and marijuana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fourth Amendment search was valid | Watts argued he retained privacy in the vehicle and did not abandon it. | Commonwealth argued Watts abandoned his privacy when he fled from Maxey. | Suppression reversed; Watts did not abandon his privacy in the vehicle. |
| Whether the evidence was sufficient to prove possession | Watts contended the evidence failed to show constructive possession. | Commonwealth argued proximity, control of the vehicle, and concealment supported possession. | Evidence was sufficient to prove constructive possession, even considering improperly admitted evidence. |
Key Cases Cited
- Al-Karrien v. Commonwealth, 38 Va.App. 35 (2002) (abandonment burden on government where privacy interest exists)
- Wechsler v. Commonwealth, 20 Va.App. 162 (1995) (abandonment standard in Fourth Amendment context)
- Holloway v. Commonwealth, 9 Va.App. 11 (1989) (abandonment factors and standard of review)
- Wells v. Commonwealth, 6 Va.App. 541 (1988) (distinction on abandonment in Fourth Amendment)
- Hawley v. Commonwealth, 206 Va. 479 (1965) (abandonment in vehicle context and airport/possession considerations)
- United States v. Jackson, 544 F.2d 407 (9th Cir. 1976) (airports and abandonment considerations in property rights)
- Arizona v. Gant, 556 U.S. _ (2009) (vehicle privacy interest and scope of search in cars)
- United States v. Oswald, 783 F.2d 663 (6th Cir. 1986) (abandonment when car left at roadside after emergency)
- Brown v. Commonwealth, 15 Va. App. 1 (1992) (ownership and control considerations in possession analysis)
- United States v. Thompson, 409 F.2d 113 (6th Cir. 1969) (burden shifting in warrantless searches after abandonment finding)