Judge rules evidence admissible in FloydFest drug case | Crime News

“Law enforcement agencies were looking for illegal contraband because they had just bought illegal mushrooms on the defendant’s afternoon,” Fleenor wrote in his statement. “In the trailer, they clearly discovered a backpack that could reasonably have contained the object they were looking for.”

The judge continued: “The search of the backpack therefore did not exceed the defendants’ written consent. The request for suppression is canceled. “

Rogers appealed and exempted the decision, which Fleenor took note.

While a search warrant is required in most cases, Virginia provides a vehicle search exception that does not require a search warrant if the owner of the vehicle agrees to be searched, Fleenor wrote. Royer had signed a form stating that he had received his Miranda self-harm alerts and consented to a search of his vehicle.

“Here the defendant falsely argues that the Commonwealth has failed to identify urgent circumstances under the automobile exemption,” the judge said in his statement. “The defendant actually tried to choose the Commonwealth exception and then to argue against it.”

Fleenor said Rogers’ motion did not cite any cases that enabled the court to lift the exemption, but the listed orders allowed the backpack to be searched even if a trailer was attached to the vehicle.