Legal Opinion
McCracken v. Commonwealth
Court of Appeals of Virginia
Decided November 26, 2002No. 2912003PublishedCited by 39 opinions
1Opinion
OPINION
UPON A REHEARING EN BANC
BUMGARDNER, Judge.
A jury convicted Benjamin Wayne McCracken of possession of marijuana and two counts of assault and battery of a law *258enforcement officer. He contends the trial court erroneously admitted evidence obtained when a deputy sheriff illegally entered a home, frisked the defendant, and found marijuana in his pocket. He maintains he lawfully used reasonable force to resist his arrest because it was unlawful.
A panel of this court held that the trial court erred in admitting unlawfully seized marijuana and reversed the conviction of possession of…
2Cases cited14 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Ornelas v. United StatesSupreme Court of the United States · 1996
- United States v. HensleySupreme Court of the United States · 1985
- Steagald v. United StatesSupreme Court of the United States · 1981
- Atwater v. City of Lago VistaSupreme Court of the United States · 2001
9 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Slayton v. CommonwealthCourt of Appeals of Virginia · 2003
- Brown v. City of DanvilleCourt of Appeals of Virginia · 2004
- Aldridge v. CommonwealthCourt of Appeals of Virginia · 2004
- Anzualda v. CommonwealthCourt of Appeals of Virginia · 2005
- Brian Jeffrey Turner v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2015
34 more not listed; retrieve them via the Exa API.