Legal Opinion

Commonwealth v. Mosley

Norfolk County Circuit Court

Decided August 16, 2013No. Case No. CR13-1380Published

1Opinion of the Court

By Judge Mary Jane Hall

The matter came before the Court on Defendant’s Motion to Suppress evidence seized and statements taken as a result of an illegal detention, search, and subsequent arrest. For the reasons stated herein, the Court sustains the motion.

Factual Background

Officer Ortiz, the community resource officer for the Norfolk Redevelopment Housing complex known as Tidewater Gardens, encountered the defendant at 1:20 p.m. on December 29, 2012, on an NRHA walkway leading from an apartment building to the street. Officer Ortiz did not recognize the defendant. He commenced a conversation…

2Cases cited10 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Florida v. RoyerSupreme Court of the United States · 1983
  3. California v. Hodari D.Supreme Court of the United States · 1991
  4. Alabama v. WhiteSupreme Court of the United States · 1990
  5. Zimmerman v. CommonwealthSupreme Court of Virginia · 1988

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