Legal Opinion

Penn v. Commonwealth

Court of Appeals of Virginia

Decided December 10, 1991No. Record No. 1635-90-3PublishedCited by 48 opinions

1Opinion of the Court

Opinion

KOONTZ, C.J.

In a bench trial, George Dennis Penn III was convicted of possession of cocaine. He was sentenced to five years in the penitentiary and fined $500. On appeal, Penn contends that the trial court erred by refusing to suppress evidence seized during a search made pursuant to an illegal arrest. We disagree and affirm the conviction.

On March 13, 1990, Officer Smith of the Lynchburg Police Department was working surveillance in the 1100 block of Rivermont Avenue in the City of Lynchburg. While observing the area through his binoculars, Officer Smith saw Penn throw a bottle onto…

2Cases cited20 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Illinois v. LafayetteSupreme Court of the United States · 1983
  3. George B. Street v. Officer Leo Surdyka, Baltimore City Police DepartmentCourt of Appeals for the Fourth Circuit · 1974
  4. DePriest v. CommonwealthCourt of Appeals of Virginia · 1987
  5. People v. DixonMichigan Supreme Court · 1974

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3Cited by48 opinions

  1. Ronald K. Drewitt v. Fred L. Pratt Pizza Hut of America, Inc., City of Norfolk, Party-In-InterestCourt of Appeals for the Fourth Circuit · 1993
  2. People v. McKayCalifornia Supreme Court · 2002
  3. Seaton v. CommonwealthCourt of Appeals of Virginia · 2004
  4. Broady v. CommonwealthCourt of Appeals of Virginia · 1993
  5. Penn v. CommonwealthSupreme Court of Virginia · 1992

43 more not listed; retrieve them via the Exa API.

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