Commonwealth v. Jordan

Although the court previously suppressed an out-of-court “show-up” identification of a defendant charged with armed robbery, the court need not suppress subsequent in-court identifications, which have an independent basis.

Further, despite the unconstitutional show-up identification, probable cause existed to arrest the defendant. He matched the physical description provided by the victim, he was located near the scene of the crime shortly after it occurred, and he showed signs of nervousness. Therefore, neither a gunshot residue test of the defendant nor the contents of the defendant’s phone calls while in jail need be suppressed.

Motion to suppress denied.

Commonwealth v. Jordan, No. CR17-2837, Feb. 8, 2019. Norfolk (Lannetti).

Categories: Opinions, Virginia Circuit Courts

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