Commonwealth v. Viar

Opinion

FITZPATRICK, J.

The appellees, William and Faith Viar, were indicted for possession of more than one-half ounce but less than five pounds of marijuana with intent to distribute. Code § 18.2-248.1(a)(2). The appellees filed a motion to suppress the physical evidence seized from their home on the ground that the police failed to comply with the “knock and announce” rule prior to executing a valid search warrant. The trial court granted the motion to suppress and the Commonwealth appeals that ruling pursuant to Code § 19.2-398(2). 1 On appeal, the Commonwealth argues that because the…