Commonwealth v. Shafer

By Judge Jan L. Brodie

This Court heard argument on Defendant’s Motion To Suppress on September 18, 2015. This matter comes before the Court involving Va. Code § 3.2-6540, titled “Control of Dangerous Dog; penalties.” Two preliminary questions were presented during the hearing on Defendant’s Motion prior to the Court’s addressing the merits of the claim: first, whether the exclusionary rule applies to matters involving Va. Code § 3.2-6540(B); and, second, whether an out-of-court identification of a dog should be suppressed. For the reasons set forth below and based on these preliminary…