Cherry v. Commonwealth

I respectfully dissent because I believe the search of appellant’s house exceeded the scope of the anticipatory search warrant and was unreasonable under the fourth amendment. I would therefore reverse the conviction.

As Satchell v. Commonwealth, 20 Va.App. 641, 460 S.E.2d 253 (1995) (en banc), indicates, we must review this issue in the light most favorable to appellant. This is so because the trial court ruled in appellant’s favor on the suppression issue after making findings that “constitute^] the factual predicate to which we must apply our legal analysis.” Id. at 648, 460 S.E.2d at 256.

Th…