{"id":4549,"date":"2011-01-07T08:58:21","date_gmt":"2010-08-16T08:14:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-16T08:14:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4549","title":{"rendered":"VA: Arrest for trespassing justified search incident"},"content":{"rendered":"

Defendant was seen under a \u201cNo Trespassing\u201d 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<\/a>, 56 Va. App. 646, 696 S.E.2d 237 (2010)*:<\/p>\n

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<\/a> frisk if — as the trial court found — the officer had probable cause to arrest Joyce for trespassing prior to his search. \u201cIf 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.\u201d Atwater v. Lago Vista<\/a>, 532 U.S. 318, 354, 121 S. Ct. 1536, 149 L. Ed. 2d 549 (2001). The power to arrest is invariably coupled with the power to search incident to arrest. Moore<\/a>, 553 U.S. at 178. We thus turn to the question whether the officer had probable cause to arrest Joyce for trespassing.<\/p>\n

As the United States Supreme Court has recently emphasized, the \u201cvery phrase ‘probable cause’ confirms that the Fourth Amendment does not demand all possible precision.\u201d Herring v. United States<\/a>, 129 S. Ct. 695, 699, 172 L. Ed. 2d 496 (2009). We thus employ a \u201ccommon sense approach\u201d not a \u201chypertechnical, rigid, and legalistic analysis\u201d when reviewing probable cause determinations. … The standard is not calibrated to \u201cdeal with hard certainties, but with probabilities.\u201d … Nor does it \u201cdemand any showing that such a belief be correct or more likely true than false.\u201d ….<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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