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State court of last resort · ST-VA-SC
Brown v. Commonwealth
No. 050639Supreme Court of Virginia
050639 Brown v. Commonwealth 11/04/2005 In a drug prosecution, considering the totality of the circumstances, the investigating officer did not have probable cause to arrest and search a defendant found sleepi…
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050639 Brown v. Commonwealth 11/04/2005 In a drug prosecution, considering the totality of the circumstances, the investigating o…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 4, 2005
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050639 Brown v. Commonwealth 11/04/2005 In a drug prosecution, considering the totality of the circumstances, the investigating officer did not have probable cause to arrest and search a defendant found sleeping in a car with a partially burned, hand-rolled cigarette visible in his hand. Thus, the trial court erred in denying his motion to suppress the evidence. The judgment of the Court of Appeals is reversed, defendant's convictions are vacated and the case is remanded to the Court of Appeals with direction to remand the matter to the trial court for further proceedings, if the Commonwealth be so advised.
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· Supreme Court of Virginia
ReversedVacatedRemandedDenied
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050639 Brown v. Commonwealth 11/04/2005 In a drug prosecution, considering the totality of the circumstances, the investigating officer did not have probable cause to arrest and search a defendant found sleeping in a car with a partially burned, hand-rolled cigarette visible in his hand. Thus, the trial court erred in denying his motion to suppress the evidence. The judgment of the Court of Appeals is reversed, defendant's convictions are vacated and the case is remanded to the Court of Appeals with direction to remand the matter to the trial court for further proceedings, if the Commonwealth be so advised.
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