Commonwealth v. Grimstead

Opinion

BENTON, J.

John Joseph Grimstead was indicted for possessing a sawed-off shotgun. The trial judge granted Grimstead’s pre-trial motion to suppress the shotgun, which was discovered during a police officer’s search of Grimstead’s car. The Commonwealth appeals, see Code § 19.2-398 et seq., and raises the issue whether the presence of a hemostat in a car provides probable cause justifying an officer’s seizure of the hemostat as evidence of a crime and search of the car for contraband. We affirm the trial judge’s ruling.

We view the evidence in a light most favorable to Grimstead, the…