Turner v. Commonwealth

Opinion

COLEMAN, J.,

Chester Ralph Turner appeals his convictions on two counts of possessing with intent to distribute oxycodone, also known as Percocet, a Schedule II controlled substance, in violation of Code § 18.2-248. Turner presents two issues of first impression in Virginia. First, he argues that the trial court erred by refusing to suppress the evidence seized from his home because the search warrant was not executed “forthwith” as required by Code § 19.2-56. Second, Turner contends that the search violated his fourth amendment rights because the probable cause initially supporting the…