Matthews v. Commonwealth

Convicted and sentenced for possessing marijuana, the defendant, Phillip Lacy Matthews, seeks reversal, claiming his conviction is erroneous because based upon evidence obtained as a result of an illegal search and seizure. Finding the defendant’s claim meritorious, we reverse.

The evidence shows that on December 27, 1975, Trooper R. H. McKinney of the Virginia State Police stopped the defendant for speeding. While talking to the defendant, the trooper observed a “pack of cigarette wrapping papers” on the floorboard of the defendant’s car, forward of the driver’s seat. After he had picked up…