pretrial suppression hearing (Virginia) · Go Syfert
← Virginia issues

pretrial suppression hearing in Virginia

5 Virginia opinions name it 3 courts 1980–2017 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
United States v. Eldon Hangreen
ca4 · 1996 · cited in 2 Virginia opinions naming this issue, 2017–2017
2 sentences

2017A conviction on adequate and admissible evidence should not be set aside on such a ground.”); Ricks v. Commonwealth, 39 Va. App. 330 , 336 n.3, 573 S.E.2d 266 , 269 n.3 (2002) (applying the principle described in Carroll); DePriest v. Commonwealth, 4 Va. App. 577, 583 , 359 S.E.2d 540, 542-43 (1987) (same); see also United States v. Han, 74 F.3d 537, 539 (4th Cir. 1996) (noting that “federal courts have held uniformly that an appellate tribunal may consider evidence adduced at trial that supports the district judge’s ruling” made at a pretrial suppression hearing). 2 B.

2017A conviction on adequate and admissible evidence should not be set aside on such a ground."); Ricks v. Commonwealth , 39 Va.App. 330 , 336 n.3, 573 S.E.2d 266 , 269 n.3 (2002) (applying the principle described in Carroll ); DePriest v. Commonwealth , 4 Va.App. 577 , 583, 359 S.E.2d 540 , 542-43 (1987) (same); see also United States v. Han , 74 F.3d 537 , 539 (4th Cir. 1996) (noting that "federal courts have held uniformly that an appellate tribunal may consider evidence adduced at trial that supports the district judge's ruling" made at a pretrial suppression hearing). 2 B.

22
DePriest v. Commonwealthgreen
vactapp · 1987 · cited in 2 Virginia opinions naming this issue, 2017–2017
2 sentences

2017A conviction on adequate and admissible evidence should not be set aside on such a ground."); Ricks v. Commonwealth , 39 Va.App. 330 , 336 n.3, 573 S.E.2d 266 , 269 n.3 (2002) (applying the principle described in Carroll ); DePriest v. Commonwealth , 4 Va.App. 577 , 583, 359 S.E.2d 540 , 542-43 (1987) (same); see also United States v. Han , 74 F.3d 537 , 539 (4th Cir. 1996) (noting that "federal courts have held uniformly that an appellate tribunal may consider evidence adduced at trial that supports the district judge's ruling" made at a pretrial suppression hearing). 2 B.

2017A conviction on adequate and admissible evidence should not be set aside on such a ground."); Ricks v. Commonwealth , 39 Va.App. 330 , 336 n.3, 573 S.E.2d 266 , 269 n.3 (2002) (applying the principle described in Carroll ); DePriest v. Commonwealth , 4 Va.App. 577 , 583, 359 S.E.2d 540 , 542-43 (1987) (same); see also United States v. Han , 74 F.3d 537 , 539 (4th Cir. 1996) (noting that "federal courts have held uniformly that an appellate tribunal may consider evidence adduced at trial that supports the district judge's ruling" made at a pretrial suppression hearing). 2 B.

12
Stacy v. Commonwealthgreen
vactapp · 1996 · cited in 1 Virginia opinions naming this issue, 2001–2001
1 sentence

2001The Court of Appeals has construed the definition of prosecution as it is used in the statute: “We hold that ‘prosecution,’ as it is used in Code § 18.2-267, does not include a pretrial suppression hearing to determine the legality of the arrest; ‘prosecution’ as contemplated in this statute is limited to the proceedings devoted to ‘determining the guilt or innocence of a person charged with crime’.” Stacy v. Commonwealth, 22 Va. App. 417, 423 (1996) (quoting Black’s Law Dictionary 1221 (6th ed. 1990)).

11
Taylor v. Commonwealthgreen
va · 1981 · cited in 1 Virginia opinions naming this issue, 1996–1996
2 sentences

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Ricks v. Commonwealth green
vactapp · 2002
2 sentences

2017A conviction on adequate and admissible evidence should not be set aside on such a ground."); Ricks v. Commonwealth , 39 Va.App. 330 , 336 n.3, 573 S.E.2d 266 , 269 n.3 (2002) (applying the principle described in Carroll ); DePriest v. Commonwealth , 4 Va.App. 577 , 583, 359 S.E.2d 540 , 542-43 (1987) (same); see also United States v. Han , 74 F.3d 537 , 539 (4th Cir. 1996) (noting that "federal courts have held uniformly that an appellate tribunal may consider evidence adduced at trial that supports the district judge's ruling" made at a pretrial suppression hearing). 2 B.

2017A conviction on adequate and admissible evidence should not be set aside on such a ground."); Ricks v. Commonwealth , 39 Va.App. 330 , 336 n.3, 573 S.E.2d 266 , 269 n.3 (2002) (applying the principle described in Carroll ); DePriest v. Commonwealth , 4 Va.App. 577 , 583, 359 S.E.2d 540 , 542-43 (1987) (same); see also United States v. Han , 74 F.3d 537 , 539 (4th Cir. 1996) (noting that "federal courts have held uniformly that an appellate tribunal may consider evidence adduced at trial that supports the district judge's ruling" made at a pretrial suppression hearing). 2 B.

22017–2017
Reimnitz v. Illinois green
scotus · 1982
2 sentences

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

11996–1996
Wells v. White green
scotus · 1982
2 sentences

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

11996–1996
Stewart v. Socialist Workers Party green
scotus · 1982
2 sentences

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

11996–1996
Jones v. Commonwealth green
vactapp · 1994
2 sentences

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

1996The pretrial suppression hearing was conducted to determine whether Officer Abate had probable cause to arrest the defendant. “[P]robable cause exists when the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.” Jones v. Commonwealth, 18 Va.App. 229, 231 , 443 S.E.2d 189, 190 (1994) (quoting Taylor v. Commonwealth, 222 Va. 816, 820 , 284 S.E.2d 833, 836 (1981), cert. denied, 456 U.S. 906 , 102 S.Ct. 1753 , 72 L.Ed

11996–1996
Miranda v. Arizona green
scotus · 1966
1 sentence

1980There, Williams entered the room with Reese, read him the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966), and questioned him about the two passengers in his car.

11980–1980

Where else courts name it

NY 164 (1969–2025) TX 95 (1975–2024) IL 39 (1975–2026) WA 34 (1981–2024) DC 29 (1975–2020) PA 25 (1968–2019) OH 21 (1984–2025) CA 19 (1969–2020) MD 16 (1971–2013) MN 16 (1977–2024) FL 13 (1976–2014) MA 12 (1975–2018) AZ 12 (1975–2025) AL 10 (1980–2016) GA 10 (1980–2023) DE 9 (2017–2025) MT 8 (1976–2006) MI 7 (1973–2025) TN 6 (1981–2017) IA 6 (1972–2019) NC 5 (2010–2023) KY 5 (1980–2025) VA 5 (1980–2017) CO 4 (1972–2014) VT 4 (1980–2016) WY 4 (1980–2022) MO 4 (1984–2023) WI 4 (1989–2017) CT 4 (1981–2008) MS 4 (2007–2020) WV 4 (1983–1996) AR 4 (1983–2020) LA 3 (1982–1996) NJ 3 (1981–1993) RI 3 (1991–2007) NM 3 (1976–2010) UT 3 (1985–2011) SC 3 (2003–2018) ND 2 (1980–1997) SD 2 (1979–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check