item are probative factors (Virginia) · Go Syfert
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item are probative factors in Virginia

21 Virginia opinions name it 1 courts 1998–2025 7 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 (12)

CaseFollowedCited
Archer v. Commonwealthgreen
vactapp · 1997 · cited in 10 Virginia opinions naming this issue, 2000–2025
2 sentences

2025“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Id. at 233 (citing Archer v. Commonwealth, 26 Va. App. 1, 12 (1997)).

2010Archer v. Commonwealth, 26 Va.App. 1, 12 , 492 S.E.2d 826, 831-32 (1997).

1010
Wright v. Commonwealthgreen
vactapp · 2009 · cited in 5 Virginia opinions naming this issue, 2018–2023
2 sentences

2023“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Id. (quoting Wright v. Commonwealth, 53 Va. App. 266, 274 (2009)).

2022“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Id. (quoting Wright v. Commonwealth, 53 Va. App. 266, 274 (2009)).

55
Gregory v. Commonwealthgreen
vactapp · 1998 · cited in 3 Virginia opinions naming this issue, 2002–2017
2 sentences

2017“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Gregory v. Commonwealth, 28 Va. App. 393, 398 , 504 S.E.2d 886, 888 (1998).

2017“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Gregory v. Commonwealth, 28 Va. App. 393, 398 , 504 S.E.2d 886, 888 (1998).

33
Watts v. Commonwealthgreen
vactapp · 2010 · cited in 2 Virginia opinions naming this issue, 2022–2024
2 sentences

2024“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Watts v. Commonwealth, 57 Va. App. 217, 232 (2010).

2022“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Watts v. Commonwealth, 57 Va. App. 217, 233 (2010).

22
Logan v. Commonwealthgreen
vactapp · 1994 · cited in 4 Virginia opinions naming this issue, 1998–2023
2 sentences

2023“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Id. (quoting Wright v. Commonwealth, 53 Va. App. 266, 274 (2009)).

2022“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Id. (quoting Wright v. Commonwealth, 53 Va. App. 266, 274 (2009)).

14
Wells v. Commonwealthgreen
vactapp · 2000 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025“Possession need not be actual, exclusive, or lengthy in order to support a conviction; instead, the statute criminalizes constructive or joint possession of illegal drugs of any duration.” Wells v. Commonwealth, 32 Va. App. 775, 781 (2000).

11
Ritter v. Commonwealthgreen
va · 1970 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024And “[t]he defendant may be shown to have had constructive possession by establishing that the drugs involved were subject to his dominion or control.” Ritter v. Commonwealth, 210 Va. 732, 741-42 (1970) (finding that a defendant’s admission: “It must be mine, it’s got my name on it,” when questioned about a package of marijuana found in his family’s mailbox was sufficient to establish constructive joint possession of the drugs under a predecessor statute). - 13 - To satisfy the knowledge requirement, the Commonwealth must show, by direct or circumstantial evidence that the “defendant . . . kno

11
Sierra v. Commonwealthgreen
vactapp · 2012 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024And “[t]he defendant may be shown to have had constructive possession by establishing that the drugs involved were subject to his dominion or control.” Ritter v. Commonwealth, 210 Va. 732, 741-42 (1970) (finding that a defendant’s admission: “It must be mine, it’s got my name on it,” when questioned about a package of marijuana found in his family’s mailbox was sufficient to establish constructive joint possession of the drugs under a predecessor statute). - 13 - To satisfy the knowledge requirement, the Commonwealth must show, by direct or circumstantial evidence that the “defendant . . . kno

11
Tina Lasha Hall, a/k/a Tina Lasha Waller v. Commonwealth of Virginiagreen
vactapp · 2018 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Hall v. Commonwealth, 69 Va. App. 437, 448 (2018) (quoting Wright v. Commonwealth, 53 Va. App. 266, 274 (2009)).

11
Spivey v. Commonwealthgreen
vactapp · 1997 · cited in 1 Virginia opinions naming this issue, 1998–1998
2 sentences

1998“Circumstantial evidence of possession is sufficient to support a conviction provided it excludes every reasonable hypothesis of innocence.” Spivey v. Commonwealth, 23 Va.App. 715, 724 , 479 S.E.2d 543, 548 (1997). 1 A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.

1998“Circumstantial evidence of possession is sufficient to support a conviction provided it excludes every reasonable hypothesis of innocence.” Spivey v. Commonwealth, 23 Va.App. 715, 724 , 479 S.E.2d 543, 548 (1997). 1 A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.

11
Davis v. Commonwealthgreen
vactapp · 1991 · cited in 1 Virginia opinions naming this issue, 1998–1998
2 sentences

1998See id. at 725 , 479 S.E.2d at 548 ; Logan v. Commonwealth, 19 Va.App. 437, 444-45 , 452 S.E.2d 364, 369 (1994) (en banc); Burchette v. Commonwealth, 15 Va.App. 432, 435 , 425 S.E.2d 81, 83 (1992); Davis v. Commonwealth, 12 Va.App. 728, 733, 406 S.E.2d 922, 924-25 (1991).

1998See id. at 725 , 479 S.E.2d at 548 ; Logan v. Commonwealth, 19 Va.App. 437, 444-45 , 452 S.E.2d 364, 369 (1994) (en banc); Burchette v. Commonwealth, 15 Va.App. 432, 435 , 425 S.E.2d 81, 83 (1992); Davis v. Commonwealth, 12 Va.App. 728, 733, 406 S.E.2d 922, 924-25 (1991).

11
Burchette v. Commonwealthgreen
vactapp · 1992 · cited in 1 Virginia opinions naming this issue, 1998–1998
2 sentences

1998See id. at 725 , 479 S.E.2d at 548 ; Logan v. Commonwealth, 19 Va.App. 437, 444-45 , 452 S.E.2d 364, 369 (1994) (en banc); Burchette v. Commonwealth, 15 Va.App. 432, 435 , 425 S.E.2d 81, 83 (1992); Davis v. Commonwealth, 12 Va.App. 728, 733, 406 S.E.2d 922, 924-25 (1991).

1998See id. at 725 , 479 S.E.2d at 548 ; Logan v. Commonwealth, 19 Va.App. 437, 444-45 , 452 S.E.2d 364, 369 (1994) (en banc); Burchette v. Commonwealth, 15 Va.App. 432, 435 , 425 S.E.2d 81, 83 (1992); Davis v. Commonwealth, 12 Va.App. 728, 733, 406 S.E.2d 922, 924-25 (1991).

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 (1)

CaseCitedYears
Powers v. Commonwealth green
va · 1984
1 sentence

2025“A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession.” Id. at 233 (citing Archer v. Commonwealth, 26 Va. App. 1, 12 (1997)).

12025–2025

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (17) VA § Va. Code Ann. § 18.2-308.4 (7) VA § Va. Code Ann. § 18.2-308.2 (5) VA § Va. Code Ann. § 18.2-250 (4) VA § Va. Code Ann. § 18.2-248 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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