Legal Opinion · Dissent

Anderson v. Commonwealth

Supreme Court of Virginia

Decided November 6, 1998No. Record 980486Published

1DissentJustice Koontz

I respectfully dissent.

While I agree with the majority’s view that Anderson’s waiver of his Fourth Amendment rights was made knowingly and voluntarily, and that the trial court acted within its discretion in making this a condition of Anderson’s suspended sentence, I do not agree that “the scope of the waiver needed to be broad, requiring Anderson to submit his person and property to search or seizure at any time by any law enforcement officer.” Rather, I would adopt the view of the dissent in the Court of Appeals that the scope of the waiver was limited to its intended purpose of “allowing]…

2Cases cited3 opinions

  1. Allen v. StateSupreme Court of Georgia · 1988
  2. United States v. Robert S. JohnsonCourt of Appeals for the Ninth Circuit · 1983
  3. Anderson v. CommonwealthCourt of Appeals of Virginia · 1998

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