Legal Opinion

Wellford v. Commonwealth

Supreme Court of Virginia

Decided April 27, 1984No. Record 830481PublishedCited by 15 opinions

1Opinion of the CourtCompton, J.

In this marijuana case, the sole question is whether the contraband was located within the curtilage of a dwelling or within an open field when subjected to a warrantless search and seizure.

Indicted for feloniously manufacturing marijuana not for his own use, Code § 18.2-248.1(c), Cary Montague Wellford was found guilty by a jury of possession of the drug. Confirming the verdict, the trial court sentenced defendant to jail for 30 days and to pay a fine of $500.00. Execution of the sentence was suspended pending this appeal.

In August of 1982, Thomas Dabney Wellford, a clergyman, owned a…

2Cases cited11 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Rakas v. IllinoisSupreme Court of the United States · 1979
  3. Oliver v. United StatesSupreme Court of the United States · 1984
  4. Hester v. United StatesSupreme Court of the United States · 1924
  5. United States v. KnottsSupreme Court of the United States · 1983

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3Cited by15 opinions

  1. State v. JennetteTennessee Supreme Court · 1986
  2. Benjamine Leonard Foley, II v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2014
  3. Robinson v. CommonwealthCourt of Appeals of Virginia · 2005
  4. Commonwealth v. MarsalisiChesterfield County Circuit Court · 1989
  5. Augustus Mayfield v. CommonwealthCourt of Appeals of Virginia · 2005

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