Gladden v. Commonwealth

Opinion

COLE, J.

The appellant, Throne Deleon Gladden, was convicted of the misdemeanor offense of possession with intent to distribute less than one-half ounce of marijuana in violation of Code § 18.2-248.1. On appeal, he contends that the trial court erred in failing to sustain his motion to suppress the marijuana because of the officers’ failure to knock, announce their presence and purpose, and wait a reasonable period of time for the occupants to answer the door when executing the search warrant. We agree and reverse.

When considering the sufficiency of the evidence on appeal of a criminal…