Stokes v. Commonwealth

Opinion

BENTON, J.

The question presented on this appeal by Samuel Columbus Stokes is whether evidence of a crime seen and seized by a police investigator, who was an invitee in Stokes’ residence, was obtained by a search conducted in violation of the fourth amendment and, thus, tainted a search warrant which later was issued on the basis of the seized evidence. We conclude that the seized evidence was in plain view and was not discovered during a search.

Investigators Jan W. Stem and Thomas Tiller of the Henrico County Police Department were assigned to investigate Samuel Columbus Stokes’…