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State court of last resort · ST-VA-SC
Brooks v. Commonwealth
No. 091047Supreme Court of Virginia
091047 Brooks v. Commonwealth 06/09/2011 In a prosecution for possession of cocaine in which the circuit court denied defendant's motion to suppress drugs recovered during a consent search for weapons as well …
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091047 Brooks v. Commonwealth 06/09/2011 In a prosecution for possession of cocaine in which the circuit court denied defendant's…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jun 9, 2011
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091047 Brooks v. Commonwealth 06/09/2011 In a prosecution for possession of cocaine in which the circuit court denied defendant's motion to suppress drugs recovered during a consent search for weapons as well as a statement made by defendant concerning his ownership of those drugs, in light of the testimony evaluated by the circuit court, defendant failed to carry the burden of showing that the search was unconstitutional. Because the search was permissible under the Fourth Amendment, the fruit of the poisonous tree doctrine does not require exclusion of his accompanying statement. In addition, because the defendant was not in custody under totality of the circumstances and governing Fifth…
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