Elliotte v. Commonwealth

Opinion

BENTON, J.

Upon his conviction of possession of cocaine with intent to distribute in violation of Code § 18.2-248, Michael Lee Elliotte was sentenced to fourteen years in the penitentiary with six years suspended and fined $1,000. Elliotte contends that (1) the evidence was obtained in violation of his fourth amendment rights during a warrantless entry into his residence; and (2) the evidence was insufficient to prove that he knowingly and intentionally possessed cocaine. We hold that because there was no valid consent to the entry, no warrant, and no recognized exception to justify a…