Heaton v. Commonwealth

Dewey J. Heaton was convicted in the trial court of possession of marijuana with intent to distribute and of possession of LSD. The dispositive question on appeal is whether the trial court erred in overruling Heaton’s motion to suppress evidence of illegal drugs seized in his apartment after police officers had made an unannounced forcible entry to execute a search warrant.

On March 1, 1973, at 8:00 p.m., a Virginia Beach police officer obtained a search warrant to search a residence, 612 20th Street, Apartment 3, Virginia Beach, for cocaine and marijuana. On the same evening this officer and…