Legal Opinion

Smith v. Commonwealth

Court of Appeals of Virginia

Decided October 6, 2009No. 0892082PublishedCited by 7 opinions

1Opinion of the Court

ELDER, Judge.

Corey Tayvon Smith (appellant) appeals from his conviction for possession of a firearm by a convicted felon, rendered on his conditional guilty plea. On appeal, he contends the trial court erroneously denied his motion to suppress the fruits of a search of his person following a traffic stop of the car in which he was a passenger. We hold the evidence, viewed in the light most favorable to the Commonwealth, fails to support the trial court’s ruling. Thus, we reverse the challenged conviction and remand for further proceedings consistent with this opinion.

I

BACKGROUND

On October 18,…

2Cases cited39 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. United States v. LeonSupreme Court of the United States · 1984
  4. Ornelas v. United StatesSupreme Court of the United States · 1996
  5. United States v. CortezSupreme Court of the United States · 1981

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3Cited by7 opinions

  1. United States v. Donald HillCourt of Appeals for the Fourth Circuit · 2017
  2. Com. v. SmithSupreme Court of Virginia · 2011
  3. United States v. DebruhlDistrict of Columbia Court of Appeals · 2010
  4. Bellamy v. CommonwealthCourt of Appeals of Virginia · 2012
  5. Commonwealth of Virginia v. Tyrone O. Johnson, Jr. s/k/a Tyrone Orneall Johnson, Jr.Court of Appeals of Virginia · 2010

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