Miles v. Com., 0784-90-2
Decision Date | 10 March 1992 |
Docket Number | No. 0784-90-2,0784-90-2 |
Citation | 14 Va.App. 82,414 S.E.2d 619 |
Parties | Glen Wayne MILES, Appellant, v. COMMONWEALTH of Virginia, Appellee. Record |
Court | Virginia Court of Appeals |
Roger L. Gregory, Richmond (Wilder & Gregory, on brief), for appellant.
Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.
Before KOONTZ, C.J., and BAKER, BARROW, BENTON, COLEMAN, DUFF, MOON, WILLIS, ELDER and BRAY, JJ.
In Miles v. Commonwealth, 13 Va.App. 64, 408 S.E.2d 602 (1991), a majority of a panel of the Court affirmed the judgment of the trial court. Miles' petition for rehearing en banc was granted and heard on January 21, 1992. For the reasons stated in the panel's majority opinion, the judgment of the trial court is affirmed. Accordingly, the stay of this Court's September 10, 1991 mandate is lifted and its directives are reinstated.
Judge Benton would reverse the judgment of the trial court for the reasons stated in the dissenting opinion of the original panel decision. Id. at 72, 408 S.E.2d at 607-09.
This order shall be published and certified to the trial court.
To continue reading
Request your trial-
Adams v. Com.
...360 F.3d 591, 595-96 (6th Cir.2004); Miles v. Commonwealth, 13 Va.App. 64, 71, 408 S.E.2d 602, 606 (1991), aff'd en banc, 14 Va.App. 82, 414 S.E.2d 619 (1992). Here, the officers conducted a search in good faith, "act[ing] reasonably under the authority of an apparently valid warrant." McCa......
-
Ward v. Commonwealth
...at 387, 437 S.E.2d at 221; see Miles v. Commonwealth, 13 Va.App. 64, 68, 408 S.E.2d 602, 604 (1991), aff'd on reh'g en banc, 14 Va.App. 82, 414 S.E.2d 619 (1992). "Although in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, t......
-
McGuire v. Com.
...2332, 76 L.Ed.2d 527 (1983); Miles v. Commonwealth, 13 Va.App. 64, 68, 408 S.E.2d 602, 604 (1991), aff'd on reh'g en banc, 14 Va.App. 82, 414 S.E.2d 619 (1992). In determining probable cause, we test the totality of circumstances as they would be viewed by "`police officers trained in analy......
-
Ricks v. Commonwealth, Record No. 2534-03-1 (VA 1/11/2005)
...S.E.2d 219, 221 (1993); see Miles v. Commonwealth, 13 Va. App. 64, 68, 408 S.E.2d 602, 604 (1991), aff'd on reh'g en banc, 14 Va. App. 82, 414 S.E.2d 619 (1992). "When reviewing a decision to issue a warrant, a reviewing court must grant `great deference' to the magistrate's interpretation ......