Legal Opinion

McCauley v. Commonwealth

Court of Appeals of Virginia

Decided September 28, 1993No. 0809-92-2PublishedCited by 9 opinions

1Opinion of the Court

Opinion

MOON, C.J.

Junior Franklin McCauley, appellant, appeals his conviction of driving after having been declared a habitual offender. We affirm and hold that the stop of appellant for the safety inspection pursuant to Code § 52-8.5 was not a violation of the Fourth Amendment.

On July 10, 1991, Trooper Rogers set up his commercial vehicle inspection site at the pre-designated location on East Route 250 near the Shadwell Exit of Interstate 64. Rogers observed a trash truck driven by appellant, Junior Franklin McCauley. Rogers stepped to the side of the road and motioned for appellant to pull…

2Cases cited5 opinions

  1. Delaware v. ProuseSupreme Court of the United States · 1979
  2. New York v. BurgerSupreme Court of the United States · 1987
  3. Simmons v. CommonwealthSupreme Court of Virginia · 1989
  4. State v. A-1 DISPOSALSupreme Court of Iowa · 1987
  5. Drive Trans Corp. v. New York City Taxi & Limousine CommissionNew York Supreme Court · 1987

3Cited by9 opinions

  1. United States v. SteedCourt of Appeals for the Eleventh Circuit · 2008
  2. V-1 Oil Company v. MeansCourt of Appeals for the Tenth Circuit · 1996
  3. Morris v. City of Virginia BeachCourt of Appeals of Virginia · 2011
  4. Ponce v. StateCourt of Appeals of Georgia · 2005
  5. Commonwealth v. LeboeufMassachusetts Appeals Court · 2010

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