Legal Opinion

Hall v. Commonwealth

Court of Appeals of Virginia

Decided July 23, 1991No. Record No. 1780-89-1PublishedCited by 18 opinions

1Opinion of the Court

Opinion

MOON, J.

We consider whether the “traffic-checking detail” guidelines appropriately limited the discretion of the trooper so that the stop of the defendant was “reasonable” under the fourth amendment. Because the guidelines did not properly limit the officer’s discretion, we reverse Ernest Thomas Hall’s conviction for driving after having been declared an habitual offender which was based upon evidence obtained from the stop.

To ensure that an individual’s expectation of privacy is not subjected to arbitrary invasion solely at the unfettered discretion of police officers in the field,…

2Cases cited4 opinions

  1. Delaware v. ProuseSupreme Court of the United States · 1979
  2. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  3. Lowe v. CommonwealthSupreme Court of Virginia · 1985
  4. Simmons v. CommonwealthSupreme Court of Virginia · 1989

3Cited by18 opinions

  1. Brown v. CommonwealthCourt of Appeals of Virginia · 1995
  2. O'Banion v. CommonwealthCourt of Appeals of Virginia · 2000
  3. Crouch v. CommonwealthCourt of Appeals of Virginia · 1997
  4. Raymond v. CommonwealthCourt of Appeals of Virginia · 1993
  5. Palmer v. CommonwealthCourt of Appeals of Virginia · 2001

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