Wynne v. Commonwealth

Opinion

FITZPATRICK, J.

Appellant, Jo Ann Wynne, was convicted after a bench trial of possession of more than one-half ounce but less than five pounds of marijuana with intent to distribute. Code § 18.2-248.1(a)(2). Appellant filed a pre-trial motion to suppress the physical evidence seized from her home on the ground that the police failed to comply with the “knock and announce” rule before executing a valid search warrant. The trial judge denied the motion. On appeal, appellant argues that the trial judge erred in refusing to grant her motion to suppress when the evidence showed that the…