Fagan v. Commonwealth

Scott Allan Fagan waived trial by jury and was convicted by the court below of possessing with intent to distribute marijuana, a controlled substance, in violation of Code § 18.2-248.

At 7:30 p.m. on September 21, 1977, Captain J. L. Higgins, Jr., of the Albemarle County Sheriff’s Department, executed an affidavit to obtain a search warrant to search a mobile home in that county for marijuana. The premises to be searched were minutely described, 1 and the affidavit established the reliability of the informer. 2 Affiant Higgins also swore, as a basis for his belief that marijuana would be found…