33 Va. App. 656 - Lowe v. Commonwealth’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At a hearing on a defendant’s motion to suppress, the Commonwealth has the burden of proving that a warrantless search or seizure did not violate the defendant’s Fourth Amendment rights. See Simmons v. Commonwealth, 238 Va. 200, 204 , 380 S.E.2d 656, 659 (1989) (citations omitted). On appeal, we view the evidence in the light most favorable to the prevailing party, granting to it all reasonable inferences fairly deducible therefrom. See Commonwealth v. Grimstead, 12 Va.App. 1066, 1067 , 407 S.E.2d 47, 48 (1991) (citation omitted). “[W]e are bound by the trial court’s findings of historical fact unless ‘plainly wrong’ or without evidence to support them and we give due weight to the inferences drawn from those facts by resident judges and local law enforcement officers.” McGee v. Commonwealth, 25 Va.App. 193, 198 , 487 S.E.2d 259, 261 (1997) (en banc) (citation omitted). However, we review de novo the trial court’s application of defined legal standards such as probable cause and reasonable suspicion to the particular facts of the case. See Shears v. Commonwealth, 23 Va.App. 394, 398 , 477 S.E.2d 309, 311 (1996) (citation omitted). “[0]n appeal, appellant carries the burden to show ... that the denial of a motion to suppress constitute^] reversible error.” Motley v. Commonwealth, 17 Va.App. 439, 440-41 , 437 S.E.2d 232, 233 (1993).”

   1 later decision quote this exact passage
   e.g. 37 Va. App. 144 - McLellan v. Commonwealth