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After Officer Gregg transported Butler to the police station, he searched the backseat of his police car and found an additional chunk of crack cocaine hidden under the seat. When inventorying the vehicle, the police found two rocks of crack cocaine and cash. Lacking permission of a resident or manager of the apartment complex to leave the vehicle in the garage, the police impounded Butler's vehicle and conducted an inventory search. Officer Gregg also testified that a police officer who lived in the apartment complex said Butler's vehicle had to be moved because it did not have a decal authorizing it to park in the garage. Officer Gregg testified that he made the inquiries in order to seek permission of a resident to leave Butler's locked vehicle in the garage. Butler told the officers he did not live in the apartments, declined to say - 2 - whom he was visiting, and refused to tell them where he lived. Other officers arrived and entered the garage after Officer Gregg used the emergency release to open the gate. After a scuffle, Officer Gregg put handcuffs on Butler and placed him in the police car. Officer Gregg frisked Butler for weapons and attempted to arrest him for driving while his permit was suspended. When Butler began to exit his vehicle, Officer Gregg ordered him to put his hands on the vehicle's trunk. Officer Gregg followed Butler into the garage, stopped behind Butler's vehicle, and activated his emergency lights. Butler entered a code, which opened a steel gate, and drove into the garage. After Officer Gregg requested assistance from other officers, Butler's vehicle turned to enter the parking garage of an apartment complex. On that occasion, Butler had run from the officer, who later found money and a gun in the vicinity of Butler's vehicle. Officer Gregg recalled that another officer had stopped Butler the previous week.
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From the license plate number, he learned that Butler owned the car and that Butler's permit to drive had been suspended. Shortly after midnight, Thomas Gregg, an Alexandria police officer, determined that a motor vehicle was traveling forty-three miles-per-hour in a thirty-five mile-per-hour zone.
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We consider de novo whether the evidence, so viewed, establishes that the officers unlawfully infringed upon Butler's Fourth Amendment right to be free from unreasonable searches and seizures.
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In reviewing the trial judge's denial of Butler's motion to suppress, "e view the evidence in the light most favorable to, the prevailing party below, and we grant all reasonable inferences fairly deducible from that evidence." Commonwealth v.
Butler contends the trial judge should have suppressed the evidence because the police unlawfully impounded and conducted an inventory search of his vehicle. On appeal, he contends the trial judge erred in denying his motions to suppress the evidence and to set aside the verdict based on juror misconduct. Marvin Troy Butler was convicted of possession of cocaine with intent to distribute. Earley, Attorney General, on brief), for appellee.
McLees, Jr., Assistant Attorney General (Mark L. Love, IV (Love & Associates, P.C., on brief), for appellant.
COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA Donald M. COURT OF APPEALS OF VIRGINIA Present: Judges Benton, Willis and Annunziata Argued at Alexandria, Virginia MARVIN TROY BUTLER v.
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