Simmons v. Commonwealth

Defendant, Glenn Edward Simmons, was indicted for grand larceny. After waiving trial by jury, defendant was found guilty of petit larceny and sentenced to eight months in jail.

The sole issue before us is whether the trial court erred in overruling the defendant’s motion to suppress certain evidence, a tape recorder, on the ground that it was the product of an unlawful search and seizure.

The evidence shows that about 2:30 p.m. June 26, 1975, John Gillen, a uniformed police officer assigned to patrol duty in Rosslyn, Arlington County, responded to a complaint of a suspected “burglary” in a…