Whitfield v. Commonwealth, 576 S.E.2d 463 (Va. 2003). · Go Syfert
Whitfield v. Commonwealth, 576 S.E.2d 463 (Va. 2003). Cases Citing This Book View Copy Cite
“we apply settled standards of appellate review to decide the present claim that evidence was seized in violation of the fourth amendment. such a claim presents a mixed question of fact and law that an appellate court reviews de novo.”
219 citation events (218 in the last 25 years) across 5 distinct courts.
Strongest positive: Demetres Jerrod Rudolph v. Commonwealth of Virginia (vactapp, 2008-02-26)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Demetres Jerrod Rudolph v. Commonwealth of Virginia (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2008 · quote attribution · 2 verbatim quotes · confidence high
to determine whether a police officer had a particularized and objective basis for suspecting that the person stopped may be involved in criminal activity, a court must consider the totality of the circumstances.
examined Cited as authority (verbatim quote) Commonwealth v. Russell Hopson (3×) also: Cited as authority (quoted), Cited as authority (rule)
Va. Ct. App. · 2005 · quote attribution · 2 verbatim quotes · confidence high
we apply settled standards of appellate review to decide the present claim that evidence was seized in violation of the fourth amendment. such a claim presents a mixed question of fact and law that an appellate court reviews de novo.
discussed Cited as authority (rule) Commonwealth of Virginia v. Dominic Teach, s/k/a Dominic Laval Teach
Va. Ct. App. · 2025 · confidence medium
As a result, in the circuit court, “the Commonwealth ha[d] the burden of proving the legitimacy of [the] warrantless search and seizure.” Myers v. Commonwealth, 83 Va. App. 656 , 664 (2025) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 (2003)).
discussed Cited as authority (rule) Jackie Lavonne Myers v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“While ‘the Commonwealth has the burden of proving the legitimacy of a warrantless search and seizure,’ the defendant must show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.” Whitfield v. Commonwealth, 265 Va. 358, 361 (2003) (quoting Simmons v. Commonwealth, 238 Va. 200, 204 (1989)).
cited Cited as authority (rule) Arun Rashid Turay v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Whitfield v. Commonwealth, 265 Va. 358, 361 (2003).
discussed Cited as authority (rule) Victor A. Espinoza-Camargo, s/k/a Victor Espinoza-Camargo v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
To the contrary, “the issue is whether a reasonable fact finder, upon consideration of all the evidence, could have rejected defendant’s theories and found him guilty of the charged offense beyond a reasonable doubt.” Id.; see also Case v. Commonwealth, 63 Va. App. 14, 23 (2014) (“[T]he Commonwealth need only exclude reasonable hypotheses of innocence that flow from the evidence, not those that spring from 2 “Headlong flight—wherever it occurs—is the consummate act of evasion: it is not necessarily indicative of wrongdoing, but it is certainly suggestive of such.” Whitfield v. …
discussed Cited as authority (rule) Arun Rashid Turay v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Although the reasonable suspicion must be “particularized” to the person or persons stopped, Whitfield v. Commonwealth, 265 Va. 358, 361 (2003), the standard is such that reasonable suspicion “need not rule out the possibility of innocent conduct,” United States v. Arvizu, 534 U.S. 266, 277 (2002).
discussed Cited as authority (rule) Arun Rashid Turay v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
Although the reasonable suspicion must be “particularized” to the person or persons stopped, Whitfield v. Commonwealth, 265 Va. 358, 361 (2003), the standard is such that reasonable suspicion “need not rule out the possibility of innocent conduct,” United States v. Arvizu, 534 U.S. 266, 277 (2002).
discussed Cited as authority (rule) Arun Rashid Turay v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
Although the reasonable suspicion must be “particularized” to the person or persons stopped, Whitfield v. Commonwealth, 265 Va. 358, 361 (2003), the standard is such that reasonable suspicion “need not rule out the possibility of innocent conduct,” United States v. Arvizu, 534 U.S. 266, 277 (2002).
discussed Cited as authority (rule) Charity Elizabeth Beverly v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“The determination of whether police may make a warrantless search or seizure involves issues of both law and fact, which we review de novo on appeal.” Copeland v. Commonwealth, 42 Va. App. 424, 433 (2004) (citing Ornelas v. United States, 517 U.S. 690, 699 (1996); Whitfield v. Commonwealth, 265 Va. 358, 361 (2003)).
discussed Cited as authority (rule) Commonwealth of Virginia v. Tyekh Chamon Davis
Va. Ct. App. · 2021 · confidence medium
When determining whether an officer has reasonable suspicion to support a pat down, courts must “look to the totality of the circumstances of each case.” McArthur v. Commonwealth, 72 Va. App. 352 , 359 (2020) (citing Whitfield v. Commonwealth, 265 Va. 358, 361 (2003)).
cited Cited as authority (rule) Aaron Emile McArthur v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
Whitfield v. Commonwealth, 265 Va. 358, 361 (2003).
discussed Cited as authority (rule) Commonwealth of Virginia v. Tyron J. Johnson
Va. Ct. App. · 2020 · signal: cf. · confidence medium
Cf. Whitfield v. Commonwealth, 265 Va. 358, 362 (2003) (holding “[n]ervous, evasive behavior is a pertinent factor in determining reasonable suspicion” and that “[h]eadlong flight, [although] . . . not necessarily indicative of wrongdoing, . . . is certainly suggestive of such” (quoting Illinois v. Wardlow, 528 U.S. 119, 124 (2000))).
discussed Cited as authority (rule) Richard Alvin Hendrick v. Commonwealth of Virginia
Va. Ct. App. · 2019 · confidence medium
In determining whether evidence was seized in violation of the Fourth Amendment, this Court “must give ‘deference to the factual findings of the trial court,’” but “‘independently determine’ whether those findings satisfy the requirements of the Fourth Amendment.” Slayton v. Commonwealth, 41 Va. App. 101, 105 (2003) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 (2003)).
discussed Cited as authority (rule) Gember Bonilla v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
Although the reasonable suspicion must be “particularized” to the person or persons stopped, Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 465 (2003), the standard is such that reasonable suspicion “need not rule out the possibility of innocent conduct,” United States v. Arvizu, 534 U.S. 266, 277 (2002).
discussed Cited as authority (rule) James L. Diggs v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2018 · confidence medium
ANALYSIS A. Motion to Suppress Where a trial court has denied a motion to suppress, “[t]o prevail on appeal [an appellant] bears the burden to ‘show that the trial court’s denial . . . , when the evidence is considered in the light most favorable to the prosecution, was reversible error.’” Ford v. Commonwealth, 55 Va. App. 598, 604 , 687 S.E.2d 551, 554 (2010) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) Norman Michael Roberts v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
The evidence, viewed in the light most favorable to the Commonwealth, which prevailed below, see Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 465 (2003), established that in April 2015, Detective James Wright of the Spotsylvania County Sheriff’s Office received a tip from an informant that persons living at a house in the county were manufacturing methamphetamine.
cited Cited as authority (rule) Wade A. Malone, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003).
discussed Cited as authority (rule) Commonwealth v. Augustus
Norfolk Cir. Ct. · 2015 · confidence medium
An officer need only have reasonable, articulable suspicion to “detain a person for the purpose of investigating possibly criminal behavior,” and such a stop is valid “even though there is no probable cause to make an arrest.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003) (citing Terry, 392 U.S. at 22 ).
discussed Cited as authority (rule) Commonwealth v. McKinney
Norfolk Cir. Ct. · 2015 · confidence medium
An officer need only have reasonable, articulable suspicion to “detain a person for the purpose of investigating possibly criminal behavior,” and such a stop is valid “even though there is no probable cause to make an arrest.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003) (citing Terry v. Ohio, 392 U.S. 1, 22 (1968)).
discussed Cited as authority (rule) Commonwealth v. Lund (2×)
Norfolk Cir. Ct. · 2015 · confidence medium
An officer need only have reasonable, articulable suspicion to “detain a person for the purpose of investigating possibly criminal behavior,” and such a stop is valid “even though there is no probable cause to make an arrest.” Whitfield v. Commonwealth, 265 Va. 358, 361, 576 S.E.2d 463, 464 (2003) (citing Terry v. Ohio, 392 U.S. 1, 22 (1968)).
cited Cited as authority (rule) Christopher Wayne Butler v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003) (citing Murphy v. Commonwealth, 264 Va. 568, 573 , 570 S.E.2d 836, 838 (2002)).
discussed Cited as authority (rule) Loren Anthony Mason, Jr. v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2015 · confidence medium
Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003).
discussed Cited as authority (rule) Travis Lanarda Bailey v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
However, this Court “must give ‘deference to the factual findings of the trial court’ and ‘independently determine’ whether those findings satisfy the requirements of the Fourth Amendment.” Kyer v. Commonwealth, 45 Va. App. 473, 479 , 612 S.E.2d 213, 217 (2005) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) James Lamont Ballard v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
“While ‘the Commonwealth has the burden of proving the legitimacy of a warrantless search and seizure,’ the defendant must show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003) (quoting Simmons v. Commonwealth, 238 Va. 200, 204 , 380 S.E.2d 656, 659 (1989) (en banc)).
cited Cited as authority (rule) Tyler James Creekmore v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 465 (2003) (citing Ewell v. Commonwealth, 254 Va. 214, 217 , 491 S.E.2d 721, 722-23 (1997)).
discussed Cited as authority (rule) Lashawn Lashay Hill v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Therefore, “we must give ‘deference to the factual findings of the trial court’ and ‘independently determine’ whether those findings satisfy the requirements of the Fourth Amendment.” Id. at 105, 582 S.E.2d at 450 (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) Donte Lavell Brooks v. Commonwealth of Virginia
Va. Ct. App. · 2013 · confidence medium
“To prevail on appeal, ‘the defendant must show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.’” Slayton v. Commonwealth, 41 Va. App. 101, 105 , 582 S.E.2d 448, 450 (2003) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)). “‘Though the ultimate question whether the officers violated the Fourth Amendment triggers de novo scrutiny, we defer to the trial court’s findings of historical fact and give due weight to the inferences drawn from …
discussed Cited as authority (rule) Brooks v. Commonwealth
Va. Ct. App. · 2013 · confidence medium
“To prevail on appeal, ‘the defendant must show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.’ ” Slayton v. Commonwealth, 41 Va.App. 101, 105 , 582 S.E.2d 448, 450 (2003) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)). “ ‘Though the ultimate question whether the officers violated the Fourth Amendment triggers de novo scrutiny, we defer to the trial court’s findings of historical fact and give due weight to the inferences drawn from…
discussed Cited as authority (rule) Marquice Bynum v. Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
“Thus, we must give ‘deference to the factual findings of the trial court’ and ‘independently determine’ whether those findings satisfy the requirements of the Fourth Amendment.” Id. at 105, 582 S.E.2d at 450 (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) Raheem Montaz Knight v. Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
“To prevail on appeal, ‘the defendant must show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.’ ” Slayton, 41 Va.App. at 105 , 582 S.E.2d at 450 (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) Branham v. Commonwealth
Va. · 2012 · confidence medium
The driveway in which he was parked led to the residence of Jesse Ford, whom the officers were seeking in order to serve felony warrants involving 2 "Nervous, evasive behavior is a pertinent factor in determining reasonable suspicion." Whitfield v. Commonwealth, 265 Va. 358, 362 , 576 S.E.2d 463, 465 (2003). 8 cocaine.
discussed Cited as authority (rule) Guy Anthony Banks, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2011 · confidence medium
ANALYSIS To prevail on appeal Banks bears the burden to “show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003).
discussed Cited as authority (rule) Brian Alan Thor v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
STANDARD OF REVIEW To prevail on appeal Thor bears the burden to “show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003).
discussed Cited as authority (rule) Ford v. Commonwealth
Va. Ct. App. · 2010 · confidence medium
MOTION TO SUPPRESS Ford contends the trial court erred in finding the conditions precedent set forth in the anticipatory search warrant, i.e. that Ford accepted delivery of the package, were met. 7 A. Standard of Review To prevail on appeal Ford bears the burden to “show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.” Whitfield v. Common *605 wealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003).
discussed Cited as authority (rule) Eric D. Ward v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
In determining whether or not reasonable suspicion exists, “‘a court must consider the totality of the circumstances,’” id. (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)), including “‘the ‘characteristics of the area’ where the stops occurs, the time of the stop, whether late at night or not, as well as any suspicious conduct of the person accosted,’” Thomas, 23 Va. App. at 611 , 478 S.E.2d at 721 (emphasis added) (quoting Smith v. Commonwealth, 12 Va. App. 1100, 1103 , 407 S.E.2d 49, 51-52 (1991)).
discussed Cited as authority (rule) Darrell Ray Ferrell v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
STANDARD OF REVIEW To prevail on appeal Ferrell bears the burden to “show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003).
cited Cited as authority (rule) Arthur Martinez Woodson v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003) (quoting Simmons v. Commonwealth, 238 Va. 200, 204 , 380 S.E.2d 656, 659 (1989)) (citations omitted).
discussed Cited as authority (rule) Russell Maurice Jones v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
STANDARD OF REVIEW To prevail on appeal Jones bears the burden to “show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003).
examined Cited as authority (rule) Leonard Terrell Whitaker v. Commonwealth of Virginia (3×) also: Cited "see, e.g."
Va. Ct. App. · 2008 · confidence medium
Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003) (citing Murphy v. Commonwealth, 264 Va. 568, 573 , 570 S.E.2d 836, 838 (2002)).
discussed Cited as authority (rule) Russell Morgan Green, III v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
“A claim under the Fourth Amendment ‘presents a mixed question of fact and law that an appellate court reviews de novo.’” Middlebrooks v. Commonwealth, 52 Va. App. 469, 475 , 664 S.E.2d 499, 502 (2008) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) Commonwealth of Virginia v. Thomas Renaldo Johnson
Va. Ct. App. · 2008 · confidence medium
In determining whether evidence was seized in violation of the Fourth Amendment, “we must give ‘deference to the factual findings of the trial court’ and ‘independently determine’ whether those findings satisfy the requirements of the Fourth Amendment.” Slayton v. Commonwealth, 41 Va. App. 101, 105 , 582 S.E.2d 448, 450 (2003) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) Middlebrooks v. Commonwealth
Va. Ct. App. · 2008 · confidence medium
A claim under the Fourth Amendment “presents a mixed question of fact and law that an appellate court reviews de novo.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003) (citing Murphy v. Commonwealth, 264 Va. 568, 573 , 570 S.E.2d 836 , *476 838 (2002)).
discussed Cited as authority (rule) Gahaad Jackson v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
STANDARD OF REVIEW To prevail on appeal Jackson bears the burden to “show that the trial court’s denial of his suppression motion[s], when the evidence is considered in the light most favorable to the prosecution, was reversible error.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003).
discussed Cited as authority (rule) Commonwealth of Virginia v. Gary R. Wilkins
Va. Ct. App. · 2008 · confidence medium
In determining whether evidence was seized in violation of the Fourth Amendment, “we must give ‘deference to the factual findings of the trial court’ and ‘independently determine’ whether those findings satisfy the requirements of the Fourth Amendment.” Slayton v. Commonwealth, 41 Va. App. 101, 105 , 582 S.E.2d 448, 450 (2003) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) Charles W. Helem v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
“While ‘the Commonwealth has the burden of proving the legitimacy of a warrantless search and seizure,’ [] the defendant must show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003) (quoting Simmons v. Commonwealth, 238 Va. 200, 204 , 380 S.E.2d 656, 659 (1989)).
discussed Cited as authority (rule) Michael Anthony Goode v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
Therefore, we give “‘deference to the factual findings of the trial court’ and ‘independently determine’ whether those findings satisfy the requirements of the Fourth Amendment.” Kyer v. Commonwealth, 45 Va. App. 473, 480 , 612 S.E.2d 213, 217 (2005) (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) David Yancey v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
“In order to justify the brief seizure of a person by such an investigatory stop, the police officer must ‘have a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity.’” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 465 (2003) (quoting Brown v. Texas, 443 U.S. 47, 51 (1979)).
discussed Cited as authority (rule) Craig M. Lantion v. Commonwealth of Virginia
Va. Ct. App. · 2007 · confidence medium
“To prevail on appeal, ‘the defendant must show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error.’” Id. at 105 , 582 S.E.2d at 450 (quoting Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003)).
discussed Cited as authority (rule) Bruce Jerome Jones v. Commonwealth
Va. Ct. App. · 2007 · confidence medium
However, in order to justify the brief seizure of a person by such an investigatory stop, the police officer must “have a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity.” Whitfield v. Commonwealth, 265 Va. 358, 361 , 576 S.E.2d 463, 464 (2003) (citing Brown v. Texas, 443 U.S. 47, 51 (1979)).
Johnny Maurice Whitfield
v.
Commonwealth of Virginia
Record 021520.
Supreme Court of Virginia.
Feb 28, 2003.
576 S.E.2d 463
Oldric J. LaBell, Jr. for appellant., Stephen R. McCullough, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.
A. Christian Compton.
Cited by 89 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: Court of Appeals of Virginia (2)
SENIOR JUSTICE COMPTON

delivered the opinion of the Court.

The sole question in this criminal appeal is whether the Court of Appeals of Virginia correctly approved a circuit court’s refusal to suppress certain evidence gathered following defendant’s detention by the police.

Defendant Johnny Maurice Whitfield was indicted in the Circuit Court of the City of Newport News for possession of cocaine with the intent to distribute it. Prior to arraignment, he moved the court to[*360] suppress evidence seized from his person when he was detained and arrested without a warrant.

Subsequently, during a bench trial, the court denied the motion and found the defendant guilty as charged. Later, he was sentenced to incarceration and fined.

The Court of Appeals denied the defendant’s petition for appeal in an unpublished order. Whitfield v. Commonwealth, Record No. 2978-01-1 (May 22, 2002). We awarded defendant this appeal from the Court of Appeals’ judgment.

The facts are undisputed. On January 26, 2001, about 3:30 a.m., J. L. Barnes, a uniformed Newport News police officer in a marked police vehicle was patrolling an area of the city known for illegal drug activity, burglaries, and prostitution. Although there was no report of criminal activity at that particular time, “several burglaries” recently had occurred in that “neighborhood.”

The officer noticed the defendant dressed in “all black,” standing on private property “15 feet from the roadway” between a condemned house and an occupied dwelling. The officer knew that the area was not “a common cut-through” to other property.

The officer “shined” the spotlight of the police vehicle “directly on that subject, and at that time the subject turned around and took off running between the houses, going to the back of the house.” The officer “exited” his vehicle in an attempt to “catch” defendant, who then was walking at “a fast pace” and “looking over his shoulder” at the officer.

D. A. Bonday, another uniformed police officer in a marked police vehicle, arrived on the scene to assist Barnes. Bonday “went in foot pursuit of the subject,” who ran from the officer in “a zigzag direction, back and forth” across the street. The defendant then ran between houses and unsuccessfully attempted to climb a six-foot fence. Bonday detained defendant, who “had his hands in his pockets.”

Upon being detained, defendant possessed a cigar tube in one hand and a clear plastic bag in the other. These items contained “numerous rocks” of crack cocaine.

In this appeal, the defendant, citing Terry v. Ohio, 392 U.S. 1 (1968), contends that officer Barnes did not “have a reasonable, articulable suspicion of criminal activity when he first observed [defendant] and decided to detain him for a Terry stop.” We do not agree.

[*361] The Fourth Amendment to the Constitution of the United States provides, as pertinent here, that “[t]he right of the people to be secure in their persons, . . . and effects, against unreasonable searches and seizures, shall not be violated.” We apply settled standards of appellate review to decide the present claim that evidence was seized in violation of the Fourth Amendment.

Such a claim presents a mixed question of fact and law that an appellate court reviews de novo. Murphy v. Commonwealth, 264 Va. 568, 573, 570 S.E.2d 836, 838 (2002). In evaluating the claim, the appellate court must give deference to the factual findings of the trial court and independently determine whether the manner in which the evidence was obtained meets the requirements of the Fourth Amendment. Id.

While “the Commonwealth has the burden of proving the legitimacy of a warrantless search and seizure,” Simmons v. Commonwealth, 238 Va. 200, 204, 380 S.E.2d 656, 659 (1989), the defendant must show that the trial court’s denial of his suppression motion, when the evidence is considered in the light most favorable to the prosecution, was reversible error. Murphy, 264 Va. at 573, 570 S.E.2d at 838.

The Supreme Court has recognized that a police officer in appropriate circumstances may detain a person for the purpose of investigating possibly criminal behavior, even though there is no probable cause to make an arrest. Terry, 392 U.S. at 22. Accord Murphy, 264 Va. at 573, 570 S.E.2d at 839; Ewell v. Commonwealth, 254 Va. 214, 217, 491 S.E.2d 721, 722 (1997). In order to justify the brief seizure of a person by such an investigatory stop, the police officer must “have a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity.” Brown v. Texas, 443 U.S. 47, 51 (1979). Accord Zimmerman v. Commonwealth, 234 Va. 609, 611, 363 S.E.2d 708, 709 (1988).

To determine whether a police officer had a particularized and objective basis for suspecting that the person stopped may be involved in criminal activity, a court must consider the totality of the circumstances. Ewell, 254 Va. at 217, 491 S.E.2d at 722-23 (citing United States v. Cortez, 449 U.S. 411, 417-18 (1981)). Accord Leeth v. Commonwealth, 223 Va. 335, 340, 288 S.E.2d 475, 478 (1982).

In the present case, when considering the totality of the circumstances, and viewing the facts in the light most favorable to the Commonwealth, we conclude that the police had a reasonable suspi[*362] cion, based on objective facts, that defendant may have been engaged in criminal activity.

About 3:30 a.m., Officer Barnes observed defendant, apparently trespassing on private property, near an abandoned building in an area notorious for crime problems. When the officer aimed the spotlight of his marked police vehicle toward defendant, he began to run away. When Officer Bonday joined the chase, defendant continued to run and to evade the officer. When defendant could not escape over a high fence, he was detained.

The characteristics of the area and the defendant’s conduct, including his unprovoked flight, justified the stop, and further investigation. “[NJervous, evasive behavior is a pertinent factor in determining reasonable suspicion, (citations omitted) Headlong flight - wherever it occurs - is the consummate act of evasion: it is not necessarily indicative of wrongdoing, but it is certainly suggestive of such.” Illinois v. Wardlow, 528 U.S. 119, 124 (2000).

Consequently, we hold that the Court of Appeals correctly approved the circuit court’s refusal to suppress the evidence seized from defendant’s person. Thus, the judgment confirming the conviction will be

Affirmed.