36 Va. App. 237 - West v. Commonwealth’s Empirical Analysis

Citation profile

14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Initially, we conclude that Knowles is applicable. The encounter between Lovelace and the officers, while not involving a traffic offense, was nonetheless similar in nature and duration to a routine traffic stop. We reach this conclusion primarily because the initial reason for detaining Lovelace was his alleged commission of a Class 4 misdemeanor for which the issuance of a summons was authorized under Code § 19.2-74(A)(2). Only if Lovelace had failed or refused to discontinue the unlawful act could the officer have effected a custodial arrest and taken the defendant before a magistrate. Code § 19.2-74(A)(2). However, there is no evidence in the record that Lovelace acted in such a manner. The fact that the officers could have issued only a summons for the alcohol-related offense also negates the Commonwealth's argument that the existence of probable cause to charge Lovelace with drinking an alcoholic beverage in public allowed [Deputy] Womack to search him. After Knowles , an "arrest" that is effected by issuing a citation or summons rather than taking the suspect into custody does not, by itself, justify a full field-type search. Nor do we believe that Code § 19.2-74(A)(2) contemplates a custodial situation equivalent to an actual custodial arrest. Under that statute, a suspect is detained, or in the custody of the police officer, only long enough for the officer to take down the name and address of the person and issue a summons. One of the reasons that the Knowles Court ”

   2 later decisions quote this exact passage
   e.g. 41 Va. App. 404 - Hunt v. Commonwealth · 47 Va. App. 55 - Moore v. Commonwealth

2. “fail or refuse to discontinue the unlawful act.”

   2 later decisions quote this exact passage
   e.g. 41 Va. App. 404 - Hunt v. Commonwealth · 43 Va. App. 446 - Fox v. Commonwealth

3. “`shall' issue a summons in the absence of an express exception to the statute[], or a reasonable belief that the person arrested will fail to appear in court on his or her promise or fails to discontinue the unlawful act.”

   1 later decision quote this exact passage
   e.g. 41 Va. App. 404 - Hunt v. Commonwealth