Jones v. Commonwealth (U)

The trial court erred in denying the appellant’s motion to suppress evidence following a traffic stop.

The initial search of lottery tickets in the appellant’ car door was unlawful; all evidence stemming from that search should have been suppressed. A police officer may seize and search an item only if its “incriminating character” is “immediately apparent.” The record here does not establish that fact.

Further, the statements that the appellant made to the officers and the additional evidence found at his house also should have been suppressed. This evidence is not attenuated from the primary taint associated with the evidence initially found in appellant’s car.

Reversed and remanded.

Jones v. Commonwealth (U), No. 0382-18-2, Apr. 23, 2019. CAV (Clements) from Henrico (Hicks).

Categories: Court of Appeals of Virginia, Opinions, Unpublished

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