Commonwealth v. Turner

By Judge Edward L. Hogshire

This forfeiture action arises out of a criminal prosecution for possession of cocaine with intent to distribute, Commonwealth of Virginia v. Perry Wilfred Turner, Charlottesville Circuit Court, Felony No. 99-276 (2000). Defendant has filed a motion for summary judgment. The disposition of this motion depends on the applicability of the Fourth Amendment’s exclusionary rule. After reviewing Defendant’s motion and the Commonwealth’s brief in response, the Court concludes that Defendant’s motion should be granted for the reasons articulated below.

During the criminal…