Bell v. Commonwealth – July 14, 2009

After he received summons resulting from a traffic stop, Bell consented to a search of his vehicle. When officer started to pat him down prior to searching the car, Bell tried to hide a matchbox in his back pocket. Officer discovered cocaine in the matchbox and more on the passenger floorboard of the car. CAV found Bell never revoked consent to search the car, that the officer would have found the cocaine on the floorboard in that search, and that the officer inevitably would have found cocaine in matchbox during a search incident to arrest. Bell contends the officer lacked probable cause to search the matchbox, and that the discovery of the cocaine in the matchbox was not inevitable.

From
The Court of Appeals of Virginia (unpublished opinion)

Counsel
Richard T. Harry, Jr. for appellant.

Josephine F. Whalen [Office of the Attorney General] for appellee.

Assignments of Error

1. The Court of Appeals erred in holding that the contents of the cigarette box were admissible under the inevitable discovery doctrine

2. Trooper Clore violated the appellant’s Fourth Amendment rights by searching the contents of the cigarette box without probable cause

Date Granted
7-9-2009