Legal Opinion
Bethea v. Commonwealth
Court of Appeals of Virginia
Decided May 26, 1992No. Record No. 0371-89-2PublishedCited by 24 opinions
1Opinion of the Court
ON REHEARING EN BANC
Opinion
COLEMAN, J.
In this appeal, we hold that a police officer’s request or directive for a passenger to step out of a lawfully detained vehicle does not constitute an unreasonable seizure in violation of the Fourth Amendment. A panel of this Court held that the officer illegally seized the passenger by asking or telling him to exit the car and, therefore, the evidence discovered on the passenger after he disembarked was the result of an illegal seizure. See Bethea v. Commonwealth, 12 Va. App. 303, 404 S.E.2d 65 (1991). Upon a rehearing en banc, we affirm the ruling of…
2Cases cited16 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Rakas v. IllinoisSupreme Court of the United States · 1979
- United States v. Brignoni-PonceSupreme Court of the United States · 1975
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- Higginbotham v. CommonwealthSupreme Court of Virginia · 1975
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. SmithSupreme Court of New Jersey · 1994
- State v. HeitzmannNorth Dakota Supreme Court · 2001
- Hatcher v. CommonwealthCourt of Appeals of Virginia · 1992
- State v. GilbertsNorth Dakota Supreme Court · 1993
- Bethea v. CommonwealthSupreme Court of Virginia · 1993
19 more not listed; retrieve them via the Exa API.