Legal Opinion

Malbrough v. Com.

Supreme Court of Virginia

Decided January 11, 2008No. Record 062570PublishedCited by 68 opinions

1Opinion of the Court

OPINION BY Senior Justice CHARLESS. RUSSELL.

In this appeal, we must determine whether, under the facts presented, a defendant's Fourth Amendment protections against unreasonable search and seizure were infringed by a consent search of his person, conducted by police at a roadside stop, after he had been told that he was free to leave.

Facts and Proceedings

The material facts are undisputed. In the early afternoon of February 25, 2004, Ronald Wayne Malbrough, Jr., was operating a light blue Cadillac in a residential area in Chesterfield County. He was stopped by Officer Stephen Fortier of the…

Also in this document: Dissent.

2Cases cited10 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. United States v. MendenhallSupreme Court of the United States · 1980
  3. Ornelas v. United StatesSupreme Court of the United States · 1996
  4. Florida v. BostickSupreme Court of the United States · 1991
  5. Ohio v. RobinetteSupreme Court of the United States · 1996

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

3Cited by68 opinions

  1. McGhee v. Com.Supreme Court of Virginia · 2010
  2. Carroll v. Com.Supreme Court of Virginia · 2010
  3. Tizon v. CommonwealthCourt of Appeals of Virginia · 2012
  4. Joyce v. CommonwealthCourt of Appeals of Virginia · 2010
  5. Morris v. City of Virginia BeachCourt of Appeals of Virginia · 2011

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

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