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State court of last resort · ST-VA-SC
Banks v. Commonwealth
No. 092455Supreme Court of Virginia
092455 Banks v. Commonwealth 11/04/2010 (Revised 05/23/2011) After a trial court suppression ruling which accepted only one of several grounds asserted by the Commonwealth to justify a search that yielded a we…
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092455 Banks v. Commonwealth 11/04/2010 (Revised 05/23/2011) After a trial court suppression ruling which accepted only one of se…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 4, 2010
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092455 Banks v. Commonwealth 11/04/2010 (Revised 05/23/2011) After a trial court suppression ruling which accepted only one of several grounds asserted by the Commonwealth to justify a search that yielded a weapon, the Court of Appeals erred in making factual findings in support of an additional theory not advanced below, on the issue of consent for the search of the defendant's jacket. The judgment is reversed and the case is remanded to the Court of Appeals for further consideration of the issue presented on defendant's appeal based on the trial court's ruling as to the existence of exigent circumstances justifying a warrantless seizure of his jacket.
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· Supreme Court of Virginia
ReversedRemanded
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092455 Banks v. Commonwealth 11/04/2010 (Revised 05/23/2011) After a trial court suppression ruling which accepted only one of several grounds asserted by the Commonwealth to justify a search that yielded a weapon, the Court of Appeals erred in making factual findings in support of an additional theory not advanced below, on the issue of consent for the search of the defendant's jacket. The judgment is reversed and the case is remanded to the Court of Appeals for further consideration of the issue presented on defendant's appeal based on the trial court's ruling as to the existence of exigent circumstances justifying a warrantless seizure of his jacket.
Outcome words in this text: reversed, remanded.
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