5A

Amonett v. Commonwealth (P)

Neither precedent nor the record supports the appellant’s proposition that police officers’ promises of leniency constitute a binding immunity agreement requiring dismissal of his indictment or rendering his incriminating statements involuntary or otherwise subject to suppression. Because the appellant didn’t… Read More ›

B.B. v. T.B.

In this divorce case, the plaintiff has no valid Fifth Amendment privilege against self-incrimination as to any acts of adultery that occurred more than one year ago. In Virginia, adultery is a Class 4 misdemeanor, punishable by a fine of… Read More ›

Carlson v. Commonwealth (P)

The trial court erred in not suppressing evidence obtained in an unlawful search of the defendant’s residence. Therefore, his convictions for manufacturing marijuana and misdemeanor obstruction of justice must be reversed. The government lacked an independent source for evidence obtained… Read More ›

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… Read More ›

Commonwealth v. McDowell

The court will not suppress the defendant’s statement to a magistrate that “It’s all mine. I f*cked up.” Immediately after his arrest, the defendant invoked his right to remain silent with police. However, when appearing before the magistrate who advised… Read More ›

Commonwealth v. Briggs (U)

The circuit court properly concluded that the defendant should have received Miranda warnings before he was questioned by a private prison investigator while incarcerated. The defendant was subjected to substantial restraints on his liberty in addition to those he experienced… Read More ›