Illegal Police Search Results in Reversal of Marijuana Conviction

The retention of a criminal defense attorney willing to challenge police searches can be invaluable, and may lead to an acquittal rather than a conviction if evidence is illegally seized. Recently, the Virginia Court of Appeals reversed a man's conviction for possession of marijuana found in his trousers because the search of the trousers was illegal.

In the case of Garland v. Commonwealth, the defendant was convicted of possession of marijuana after police found it while searching his trousers when they were called to his residence for a domestic violaence complaint. Garland was not dressed when police arrived and was permitted to go to his room to retrive a pair of pants. Before he could put them on, the police searched them, although the police already had already determined that no assault on his girlfriend had occurred, and they had no probable cause to search the pants. He was then charged with possession of marijuana based on that search.

At trial, his attorney moved to suppress the marijuana as the product of an illegal search, but the trial court denied the motion without specifying the reason. After being convicted, Garland appealed and the appellate court ruled in his favor on grounds that a Terry search is permitted only for officer safety. In other words, police officers are permitted to pat-down the outer clothing of a person if they have a basis to believe the person may have a weapon. Failing to have a reasonable basis to make such a determination here, the Virginia Court of Appeals held the Terry search illegal, and reversed the trial court's conviction.