Legal Opinion

Smith v. Commonwealth

Court of Appeals of Virginia

Decided August 3, 2010No. 1534091PublishedCited by 6 opinions

1Opinion of the Court

JAMES W. HALEY, JR., Judge.

I

Jimmy Harold Smith (hereinafter “appellant”) appeals his conviction for possession of cocaine in violation of Code § 18.2-250. The only question presented is whether the trial court erred in denying appellant’s pretrial motion to suppress the drug evidence. More specifically, appellant argues that the police discovered the suspected cocaine as a result of entering his residence without a search warrant and that the trial court incorrectly applied the exigent circumstances exception to the Fourth Amendment’s requirement that police secure a warrant before entering a…

2Cases cited30 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Payton v. New YorkSupreme Court of the United States · 1980
  4. Brinegar v. United StatesSupreme Court of the United States · 1949
  5. Ornelas v. United StatesSupreme Court of the United States · 1996

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3Cited by6 opinions

  1. Jerry Lee Washington v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2012
  2. James Willis Campbell, Sr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018
  3. Commonwealth v. FosterNorfolk County Circuit Court · 2015
  4. James Willis Campbell, Sr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018
  5. Lynn Winston Wheeler v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2014

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