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VA: Arrest for trespassing justified search incident

By John Wesley Hall, Jr.

Defendant was seen under a “No Trespassing” sign behind a business engaging in hand-to-hand drug sales. The officer had probable cause to arrest for trespassing and then engage in a search incident. Joyce v. Commonwealth, 2010 Va. App. LEXIS 325 (August 10, 2010)*: In this case, we need not address whether the officer had reasonable grounds to believe Joyce was armed and dangerous for purposes of a Terry frisk if -- as the trial court found -- the officer had probable cause to arrest Joyce for trespassing prior to his search. “If an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender.” Atwater v...continue to full post

Full post as published by Fourth Amendment on August 16, 2010 (boomark / email).