Derr v. Commonwealth

Opinion

BENTON, J.

Norman B. Derr was acquitted of attempted rape but convicted by a jury of robbery and sentenced to ten years imprisonment. On appeal, he contends that his fourth amendment rights were violated by the admission into evidence of items seized from his motor vehicle. We conclude that the admission of some of the evidence of which he complains was violative of his fourth amendment rights; therefore, we reverse the conviction and remand for a new trial.

At the hearing on the motion to suppress, Deputy Hatch, of the Spotsylvania County Sheriffs Department, testified that at 7:40 p.m.…