Commonwealth v. Proseus

By Judge John J. McGrath, Jr.

This matter is before the Court on the Defendant’s Motion to Suppress Evidence which was seized by the police in a warrantless search of his home.

On January 17, 2004, Officer Alvis of the Harrisonburg Police Department was on routine patrol when he was dispatched to a local townhouse development to investigate an “open door in progress” complaint. The report of an open front door of an occupied townhouse dwelling was received by the police 911 dispatcher from a security guard at the housing complex. Upon arrival at the scene at approximately 10:00 p.m., Officer…