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VA: Specific issue reversed on by court of appeals was not properly presented by motion to suppress; reversal reversed

By John Wesley Hall, Jr.

Motion to suppress did not allege a violation of curtilage so it was not properly before the court of appeals, so that part of the court of appeals opinion as to curtilage is ordered striken and the conviction affirmed. Vaughn v. Commonwealth, 2010 Va. LEXIS 12 (January 15, 2010), modifying Vaughn v. Commonwealth, 53 Va. App. 643, 674 S.E.2d 558 (2009): In Vaughn's motion to suppress filed in the circuit court, he argued, inter alia, that the search of the property violated the Fourth Amendment because "[t]here were insufficient underlying facts and circumstances presented to the officers for there to have been probable cause to believe that there was evidence located at the property that was subject to seizure[, c]onfiscation of the allegedly stolen items cannot be justified under any 'plain view' doctrine where the discovery was anticipated[, and t]here were no exigent circumstances to justify the warrantless search of the property...continue to full post

Full post as published by Fourth Amendment on January 17, 2010 (boomark / email).