Legal Opinion · Dissent

McLaughlin v. Commonwealth

Court of Appeals of Virginia

Decided May 23, 2006No. Record 0250-05-3Published

1DissentKelsey, J.

Properly framed, the question presented by this case asks only whether the officers had probable cause to believe the CDs were subject to confiscation under Code § 59.1-41.5. Without contradiction, the evidence established that the observable characteristics of these CDs made them clearly recognizable as pirated “DJ mixes”—the kind most frequently *255traded in the black market. The trial court, therefore, properly denied McLaughlin’s suppression motion.

I

Under settled principles, we address the legal issues arising from a suppression motion “only after the relevant historical facts have been…

2Cases cited14 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. Texas v. BrownSupreme Court of the United States · 1983
  3. Devenpeck v. AlfordSupreme Court of the United States · 2004
  4. Maryland v. PringleSupreme Court of the United States · 2003
  5. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974

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