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Description: Martinsville, Virginia criminal defense lawyer represented the Defendant charged with drug possession.

While on surveillance duty, Officer Bowman saw a man, later identified as Jonathan Hunt, leave the home around midnight. Hunt appeared to be intoxicated as he walked slowly to a blue Volvo. He initially got into the driver's seat, but later moved to the front passenger seat. Moments later, a woman, later identified as Eanes, left the same house and got into the driver's seat of the car. The car pulled away a few seconds later. Officer Bowman told Officer Charles Griffith, a canine handler, that the car had just left.

Officer Griffith followed the Volvo and pulled it over after seeing it cross the center line twice while traveling 43 miles per hour in a 35-mile-per-hour zone. He requested Eanes's driver's license, proof of insurance, and registration, and told her he had stopped her for speeding and crossing the center line twice.[1] Eanes produced her license but said that she did not have insurance and that the title was at her house. Eanes first said that the vehicle was registered in her name. But then she explained that it was not registered to her because, while her mother had
signed the title of the vehicle over to her, she had not yet gone to the DMV to register the vehicle, as she was "going through a lot" following a death in her family. After obtaining Eanes's driver's license, Officer Griffith returned to the front of his patrol vehicle and asked dispatch to run the names of Eanes and Hunt. Officer Griffith testified that he personally recognized them and already knew that both had a history of drug use and drug-related convictions.

Officer Bowman arrived about a minute later, and Officer Griffith asked him to remove Eanes and Hunt from the car. Officer Bowman asked, "What have you got on them?" Officer Griffith responded, "That's Jonathan Hunt coming from a known drug house with a lot of activity. History of distribution. Lot of activity. Cars coming out of there with drugs in 'em. I have enough for a search warrant. I think I have enough reasonable suspicion to extend the stop." At the suppression hearing, Officer Griffith admitted that he never began writing a speeding ticket.

As Officer Bowman removed Eanes and Hunt from the vehicle, Officer Griffith retrieved his police dog from his patrol vehicle. Officer Griffith testified that the canine was trained to detect cocaine, methamphetamine, and heroin. When Officer Griffith led the canine around the car, about four and a half minutes after the car was first pulled over, it alerted to the passenger side window area of the Volvo. The officers then placed Eanes and Hunt in patrol vehicles and searched the Volvo. That search ultimately uncovered a firearm under the front passenger seat and methamphetamine with cocaine residue in Eanes's purse.

Outcome: The Defendant was found guilty.

Affirmed

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