VA: Challenge to protective sweep is not a PC challenge, so PC challenged waived for appeal

Defendant’s search challenge was to a protective sweep, but not to the probable cause for the search warrant. That was a waiver of the probable cause issue. Commonwealth v. Smith, 2018 Va. App. LEXIS 115 (May 1, 2018); Commonwealth v. Cockrill, 2018 Va. App. LEXIS 114 (May 1, 2018).

The stop was based on traffic offenses, not four surveillance warrants as defendant contends. The stop was not unreasonably prolonged under Rodriguez. United States v. Lawson, 2018 U.S. App. LEXIS 11386 (9th Cir. May 2, 2018).*

This entry was posted in Burden of proof, Reasonable suspicion. Bookmark the permalink.

Comments are closed.