Legal Opinion
Payne v. Commonwealth
Court of Appeals of Virginia
Decided March 10, 1992No. Record No. 0408-91-2PublishedCited by 62 opinions
1Opinion of the Court
Opinion
BRAY, J.
Selwyn O’Brien Payne (defendant) was convicted in a bench trial for possession of cocaine and sentenced to three years imprisonment, with all but sixty days suspended. On appeal, he contends that the trial court erred in denying his motion to suppress evidence of the drug. We agree and reverse the conviction.
The record discloses that Officer Julie Keene (Keene) observed defendant at approximately 11:25 p.m., seated on a bicycle “near a street light,” “riffling through a wallet.” Knowing that several “wallets and purses had been taken” in the “general vicinity” during recent…
2Cases cited11 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. MendenhallSupreme Court of the United States · 1980
- Delaware v. ProuseSupreme Court of the United States · 1979
- Sibron v. New YorkSupreme Court of the United States · 1968
- Florida v. BostickSupreme Court of the United States · 1991
6 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- McGee v. CommonwealthCourt of Appeals of Virginia · 1997
- Andrews v. CommonwealthCourt of Appeals of Virginia · 2002
- Wechsler v. CommonwealthCourt of Appeals of Virginia · 1995
- Davis v. CommonwealthCourt of Appeals of Virginia · 2002
- Lawrence v. CommonwealthCourt of Appeals of Virginia · 1993
57 more not listed; retrieve them via the Exa API.