Commonwealth v. Boyd

By Judge Donald W. Lemons

The matter before the Court is a Motion to Suppress cocaine found during a search incident to arrest for a violation of Virginia Code § 18.2-415(A). The issue before the Court is whether Officer Rogers had probable cause to arrest Boyd for such offense, or in the alternative, had probable cause to arrest for a violation of § 18.2-416.

Section 18.2-415, disorderly conduct in a public place, reads in pertinent part:

A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

A.…