Commonwealth v. Marshall

By Judge Robert J. Smith

This matter comes before the Court on Defendant Derek Marshall’s motion to suppress the evidence and the subsequent statements taken from him by Fairfax County Police Detective Ricky Savage. After considering the oral arguments of counsel and reviewing the applicable legal authority, the Court finds that Marshall was not subject to an unconstitutional seizure and, therefore, the motion to suppress should be denied.

Background

On Tuesday, March 17, 2009, sometime around 12:15 to 12:30 a.m., Ricky Savage, a Fairfax County police detective, was searching for a parking spot…