Moore v. Commonwealth

The majority opinion and Judge Humphreys’ concurring opinion both make a very valid point regarding both the application and purpose of Rule 5A:12(c) as well as our obligation to ensure that appellants adhere to our Rules. It is a point with which I would typically agree. However, in this case I believe that we can decide the basic question presented by the appellant—whether the trial court erred in denying the *6motion to suppress—without doing harm to the purpose or effect of Rule 5A:12.

While it is clear that appellant employed the irrelevant probable cause standard in his question presented,…