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7 Virginia opinions name it 3 courts 1988–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Durant v. City of Suffolkgreen1 sentence2021Costello, Virginia Criminal Law and Procedure § 42.1, at 639-50 (4th ed. 2008); 3 LaFave et al., supra, § 3.3(a), at 117-21. 3 Green’s citation to Dunaway at volume 442 of the U.S. Reports, beginning at page 306, appears to be an inadvertent mistake. 8 (1983) (same), superseded by statute on other grounds, 1985 Acts ch. 507, at 818 (codified as amended at Code § 19.2-81); Durant v. City of Suffolk, 4 Va. App. 445, 448-49 (1987) (same). 4 But that does not mean that a constitutional challenge can never be a ground for declaring an arrest unlawful. | 1 | 1 |
Roseborough v. Com.green1 sentence2021See, e.g., Roseborough v. Commonwealth, 281 Va. 233, 238-39 (2011) (excluding the certificate of blood analysis obtained after an arrest in violation of Code § 19.2-81); Thomas v. Town of Marion, 226 Va. 251 , 254 2 See generally John L. | 1 | 1 |
Sabo v. Commonwealthgreen2 sentences2016In reviewing a trial court’s denial of a motion to suppress, this Court views the evidence “in the light most favorable to the Commonwealth, granting to the Commonwealth all reasonable inferences fairly deducible from it.” Sabo v. Commonwealth, 38 Va. App. 63, 69 , 561 S.E.2d 761, 764 (2002). 2016In reviewing a trial court’s denial of a motion to suppress, this Court views the evidence “in the light most favorable to the Commonwealth, granting to the Commonwealth all reasonable inferences fairly deducible from it.” Sabo v. Commonwealth, 38 Va. App. 63, 69 , 561 S.E.2d 761, 764 (2002). | 1 | 1 |
Crawford v. Com.green2 sentences2016“On appeal, constitutional arguments present questions of law that this Court reviews de novo.” Crawford v. Commonwealth, 281 Va. 84, 97 , 704 S.E.2d 107, 115 (2011). 2016“On appeal, constitutional arguments present questions of law that this Court reviews de novo.” Crawford v. Commonwealth, 281 Va. 84, 97 , 704 S.E.2d 107, 115 (2011). | 1 | 1 |
Roberts v. Commonwealthgreen2 sentences2016Thus, “we determine whether the accused has met his burden to show that the trial court’s ruling, when the evidence is viewed in the light most favorable to the Commonwealth, was reversible error.” Roberts v. Commonwealth, 55 Va. App. 146, 150 , 684 S.E.2d 824, 826 (2009). -5- Martini’s second assignment of error asserts that the circuit court erred in declining to suppress the certificate of blood analysis because Martini claims her blood was taken in violation of the Fourth Amendment. 2016Thus, “we determine whether the accused has met his burden to show that the trial court’s ruling, when the evidence is viewed in the light most favorable to the Commonwealth, was reversible error.” Roberts v. Commonwealth, 55 Va. App. 146, 150 , 684 S.E.2d 824, 826 (2009). -5- Martini’s second assignment of error asserts that the circuit court erred in declining to suppress the certificate of blood analysis because Martini claims her blood was taken in violation of the Fourth Amendment. | 1 | 1 |
Overbee v. Commonwealthgreen2 sentences2006See Overbee v. Commonwealth, 227 Va. 238 , 242-43, 315 S.E.2d 242 , 243-44 (1984); Thomas v. Town of Marion, 226 Va. 251 , 254, 308 S.E.2d 120 , 122 (1983). 2006See Overbee v. Commonwealth, 227 Va. 238 , 242-43, 315 S.E.2d 242 , 243-44 (1984); Thomas v. Town of Marion, 226 Va. 251 , 254, 308 S.E.2d 120 , 122 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Thomas v. Town of Marion
green
2 sentences2021See, e.g., Roseborough v. Commonwealth, 281 Va. 233, 238-39 (2011) (excluding the certificate of blood analysis obtained after an arrest in violation of Code § 19.2-81); Thomas v. Town of Marion, 226 Va. 251 , 254 2 See generally John L. 2006See Overbee v. Commonwealth, 227 Va. 238 , 242-43, 315 S.E.2d 242 , 243-44 (1984); Thomas v. Town of Marion, 226 Va. 251 , 254, 308 S.E.2d 120 , 122 (1983). | 2 | 2006–2021 |
Bristol v. Commonwealth
green
2 sentences2008For the purposes of this opinion, we will assume, without deciding, that he is correct. 6 In Bristol, 272 Va. at 575 , 636 S.E.2d at 464 , our Supreme Court held that a certificate of blood test analysis obtained pursuant to the implied consent law was inadmissible at trial when the accused had not been arrested within three hours of the offense as required by the statute. 2008For the purposes of this opinion, we will assume, without deciding, that he is correct. 6 In Bristol, 272 Va. at 575 , 636 S.E.2d at 464 , our Supreme Court held that a certificate of blood test analysis obtained pursuant to the implied consent law was inadmissible at trial when the accused had not been arrested within three hours of the offense as required by the statute. | 1 | 2008–2008 |
Howard v. Commonwealth
green
2 sentences2006This Court has held that: "Ordinarily, an arrest is made by the actual restraint of the person of the defendant or by his submission to the custody of an officer." Howard v. Commonwealth, 210 Va. 674 , 677, 173 S.E.2d 829 , 832 (1970) (emphasis added). 2006This Court has held that: "Ordinarily, an arrest is made by the actual restraint of the person of the defendant or by his submission to the custody of an officer." Howard v. Commonwealth, 210 Va. 674 , 677, 173 S.E.2d 829 , 832 (1970) (emphasis added). | 1 | 2006–2006 |
Galliher v. Commonwealth
green
2 sentences2006The majority holds that "Bristol was not arrested within three hours of the offenses as required by the implied consent provisions of Code § 18.2-268.2," and therefore, "the certificate of blood analysis obtained pursuant to that statute was inadmissible at trial." Code § 18.2-268.2 does not define "arrest," but "[w]ith a few statutory exceptions, ... the common law relating to arrest is the law on that subject in Virginia." Galliher v. Commonwealth, 161 Va. 1014 , 1021, 170 S.E. 734 , 736 (1933). 2006The majority holds that "Bristol was not arrested within three hours of the offenses as required by the implied consent provisions of Code § 18.2-268.2," and therefore, "the certificate of blood analysis obtained pursuant to that statute was inadmissible at trial." Code § 18.2-268.2 does not define "arrest," but "[w]ith a few statutory exceptions, ... the common law relating to arrest is the law on that subject in Virginia." Galliher v. Commonwealth, 161 Va. 1014 , 1021, 170 S.E. 734 , 736 (1933). | 1 | 2006–2006 |
Booth v. Robertson
green
2 sentences2003Id. at 271 , 374 S.E.2d at 1 . 2003Id. at 271 , 374 S.E.2d at 1 . | 1 | 2003–2003 |
Basfield v. Commonwealth
green
1 sentence1994Basfield v. Commonwealth of Virginia, 11 Va. App. 122 (1990) (both the implied consent provisions of the Code and § 19.2-187 are applicable, as they are not inconsistent). | 1 | 1994–1994 |
Baker v. Marcus
green
2 sentences1988The defendant bases this contention on his reading of two of our decisions, Baker v. Marcus, 201 Va. 905 , 114 S.E.2d 617 (1960), and Essex v. Commonwealth, 228 Va. 273 , 322 S.E.2d 216 (1984). 1988The defendant bases this contention on his reading of two of our decisions, Baker v. Marcus, 201 Va. 905 , 114 S.E.2d 617 (1960), and Essex v. Commonwealth, 228 Va. 273 , 322 S.E.2d 216 (1984). | 1 | 1988–1988 |
Essex v. Commonwealth
green
2 sentences1988The defendant bases this contention on his reading of two of our decisions, Baker v. Marcus, 201 Va. 905 , 114 S.E.2d 617 (1960), and Essex v. Commonwealth, 228 Va. 273 , 322 S.E.2d 216 (1984). 1988The defendant bases this contention on his reading of two of our decisions, Baker v. Marcus, 201 Va. 905 , 114 S.E.2d 617 (1960), and Essex v. Commonwealth, 228 Va. 273 , 322 S.E.2d 216 (1984). | 1 | 1988–1988 |
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.