Penn v. Com.

Decision Date18 September 1992
Docket NumberNo. 920043,920043
Citation244 Va. 218,420 S.E.2d 713
PartiesGeorge Dennis PENN, III v. COMMONWEALTH of Virginia. Record
CourtVirginia Supreme Court

Appeal from the Court of Appeals of Virginia.

William R. Light, Lynchburg, for appellant.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, WHITING, LACY, and HASSELL, JJ., and POFF, Senior Justice.

PER CURIAM.

We granted the petition for appeal in this case to consider whether the Court of Appeals erred in ruling that the trial court did not err in refusing to suppress evidence seized during a search made pursuant to an unlawful misdemeanor arrest.

We have considered the question, and, for the reasons stated in the opinion of the Court of Appeals reported in 13 Va.App. 399,412 S.E.2d 189 (1991), we will affirm its judgment.

Affirmed.

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23 cases
  • State v. Walker
    • United States
    • Washington Supreme Court
    • July 13, 2006
    ... ... See, e.g., Penn v. Commonwealth, 13 Va.App. 399, 412 S.E.2d 189 (1991), aff'd, 244 Va. 218, 420 S.E.2d 713 (1992). Finally, the State points out that every state ... ...
  • People v. McKay
    • United States
    • California Supreme Court
    • March 4, 2002
    ...misdemeanor arrests committed outside the officer's presence does not mean that Penn has acquired a constitutional right"], affd. (1992) 244 Va. 218 ; but see State v. Martin (Minn.1977) 253 N.W.2d 404, The majority view is sound. What would be gained, after all, by invoking the federal Con......
  • Seaton v. Com.
    • United States
    • Virginia Court of Appeals
    • April 13, 2004
    ... ... See, e.g., Janis v. Commonwealth, 22 Va.App. 646, 651, 472 S.E.2d 649, 652, aff'd on reh'g en banc, 23 Va.App. 696, 479 S.E.2d 534 (1996) ; see also Vinson v. Commonwealth, 258 Va. 459, 469, 522 S.E.2d 170, 177 (1999) ; Penn v. Commonwealth, 13 Va.App. 399, 406-07, 412 S.E.2d 189, 193 (1991), aff'd per curiam, 244 Va. 218, 420 S.E.2d 713 (1992) ; Thompson v. Commonwealth, 10 Va.App. 117, 122, 390 S.E.2d 198, 201 (1990) ...          8. Seaton's argument also overlooks that Form 10 involves only a ... ...
  • Roseborough v. Com.
    • United States
    • Virginia Court of Appeals
    • February 16, 2010
    ... ...         "[T]he legislature set forth certain exceptions to the misdemeanor presence rule in Code § 19.2-81, indicating that a deviation from the presence requirement is authorized only in these limited circumstances." Penn v. Commonwealth, 13 Va.App. 399, 404, 412 S.E.2d 189, 192 (1991), aff'd, 244 Va. 218, 420 S.E.2d 713 (1992). The exception to the presence requirement of Code § 19.2-81 that concerns the issue before us involves motor vehicle accidents occurring on "any of the highways ... of the Commonwealth ... ...
  • Request a trial to view additional results
1 books & journal articles
  • Chapter 3. Arrest
    • United States
    • ABA Archive Editions Library Street Legal. A Guide to Pre-trial Criminal Procedure for Police, Prosecutors, and Defenders
    • January 1, 2007
    ...suspect, the officer may arrest. State v. Walker, 138 P.3d 113 (Wash. 2006); Penn v. Commonwealth, 412 S.E.2d 189 (Va. App. 1991), aff’d, 420 S.E.2d 713 (Va. 1992); SuperX Drugs of Kentucky, Inc. v. Rice, 554 S.W.2d 903 (Ky. App. 1977). Felony arrests An officer can generally arrest without......

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