Legal Opinion

Stroud v. Commonwealth

Court of Appeals of Virginia

Decided August 2, 1988No. Record No. 1114-86-3PublishedCited by 32 opinions

1Opinion of the Court

Opinion

KEENAN, J.

— Lowell Clifton Stroud was convicted in a bench trial of operating a motor vehicle after being adjudged an habitual offender. Code § 46.1-387.8. The issues presented in this appeal are: (1) whether the roadblock established by the Virginia State Police was unconstitutional; and (2) whether certain statements made by Stroud were obtained in violation of his fifth amendment rights. We affirm Stroud’s conviction based on our finding that after he turned to avoid the roadblock, the police had an articulable and reasonable suspicion that justified a “stop” of his vehicle. We also…

2Cases cited5 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Delaware v. ProuseSupreme Court of the United States · 1979
  4. Berkemer v. McCartySupreme Court of the United States · 1984
  5. Lowe v. CommonwealthSupreme Court of Virginia · 1985

3Cited by32 opinions

  1. Murphy v. CommonwealthCourt of Appeals of Virginia · 1989
  2. Bass v. CommonwealthSupreme Court of Virginia · 2000
  3. State v. BinionCourt of Criminal Appeals of Tennessee · 1994
  4. State v. LevittCourt of Criminal Appeals of Tennessee · 2001
  5. Clarke v. CommonwealthCourt of Appeals of Virginia · 2000

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