Legal Opinion

Commonwealth v. Johnson

Norfolk County Circuit Court

Decided March 25, 2015No. Case No. (Criminal) CR14-746Published

1Opinion of the Court

By Judge David W. Lannetti

Today the Court rules on the Motion To Suppress filed by Defendant Sean Garrett Johnson. The only issue before the Court is whether the stopping officer had reasonable, articulable suspicion to conduct an investigatory traffic stop of Johnson’s vehicle for suspected driving under the influence (“DUI”). The Court finds based on the totality of the circumstances, including the stopping officer’s experience, the multiple instances of weaving within the lane and on top of the lane marker, and the mistaken but reasonable belief that Johnson had committed a traffic…

2Cases cited11 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Colorado v. ConnellySupreme Court of the United States · 1986
  4. Harris v. Com.Supreme Court of Virginia · 2008
  5. Fairfax County School Board v. RoseCourt of Appeals of Virginia · 1999

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