Yancy v. Commonwealth

518 S.E.2d 325, 30 Va. App. 510, 1999 Va. App. LEXIS 512
CourtCourt of Appeals of Virginia
DecidedAugust 31, 1999
Docket0271982
StatusPublished
Cited by9 cases

This text of 518 S.E.2d 325 (Yancy v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yancy v. Commonwealth, 518 S.E.2d 325, 30 Va. App. 510, 1999 Va. App. LEXIS 512 (Va. Ct. App. 1999).

Opinions

BUMGARDNER, Judge.

Celestine V. Yancy appeals her conviction at a bench trial of possession of cocaine with intent to distribute in violation of Code § 18.2-248. She argues that the trial court erred in denying her motion to suppress. We conclude the officers had probable cause to arrest the defendant, they seized the evi[513]*513dence lawfully, and the trial court properly denied the motion to suppress. Accordingly, we affirm the conviction.

On appeal, we view the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. See Higginbotham v. Commonwealth, 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975). This Court does not substitute its judgment for that of the trier of fact, see Cable v. Commonwealth, 243 Va. 236, 239, 415 S.E.2d 218, 220 (1992), and the trial court’s judgment will not be set aside unless plainly wrong or without evidence to support it. See Commonwealth v. Jenkins, 255 Va. 516, 520, 499 S.E.2d 263, 265 (1998). The credibility of the witnesses and the weight to be accorded their testimony are matters solely for the fact finder who can accept or reject the testimony in whole or in part. See Bridgeman v. Commonwealth, 3 Va.App. 523, 528, 351 S.E.2d 598, 601 (1986).

So viewed, the evidence established that state police officers were interdicting narcotics traffic at the Amtrak station in Henrico County. The officers had received information from New York that two individuals, a male and female, had purchased one-way tickets to Richmond only ten minutes before departing. The officers looked for abnormal behavior by a couple disembarking together the train from New York. Investigator Irwin saw that the defendant and codefendant, Quinton L. Hunley, quickly exited the crowded train, walked side-by-side through the crowd faster than the other travelers, and always looked straight ahead. Their very quick pace, lack of conversation, and straight-ahead focus attracted Irwin’s attention. One officer described the defendant as “determined to get through the building.”

Irwin followed the two through the terminal and approached them in the parking lot. Sergeant McLean accompanied him outside. Hunley carried a brown and gold tote bag at all times. The defendant earned a leather satchel and a red, white and blue cloth zippered bag. As they exited the terminal, she handed Hunley the red, white and blue bag. Irwin identified himself, announced that he was interdicting narcot[514]*514ics and firearms traffic into Richmond, and asked if they would cooperate in the effort. Both said “yes,” but the defendant “became visibly, very visibly afraid or scared at that point. She was trembling. Her speech was [ ] very low and somewhat stumbling.” Irwin told the two that he was not arresting or detaining them but asked if they would be willing to answer some questions. They indicated they were willing to cooperate.

Irwin first asked if he could see their train ticket receipts. Hunley looked at the defendant, searched his pockets, but did not find their tickets. The defendant made no attempt to search for tickets. The two produced identification when Irwin asked for it, and the defendant volunteered that they had arrived from New York. When asked if the bags they were carrying belonged to them, Hunley stated, “they’re our bags.” The two suspects denied carrying drugs or guns. Irwin then asked consent to search the bags. When the defendant indicated that she felt he was interfering with her rights, Irwin reiterated that they were not under arrest. The defendant consented to a search but stated, “I really don’t want you going through my bags, but I will show you what’s in the bags.”

The defendant took the red, white and blue bag back from Hunley, unzipped it, and started moving the contents around. McLean saw two shoeboxes for children’s hiking boots, which the defendant indicated were for her children. He also saw a new pair of boots loose in the bag, but both boxes appeared to have weight in them despite the fact that one pair was not in its box. McLean told the defendant that he appreciated her showing them the contents, but for officers’ safety he preferred to search the bag himself.

The group moved to a less conspicuous location in the parking lot near a truck when Hunley said he was embarrassed by being searched in the middle of the lot. The defendant zipped up the red, white and blue bag, and Hunley carried it and the brown and gold bag to the truck. As they [515]*515walked toward it, the defendant remarked, “they even know what kind of truck we drive.”

Irwin asked permission to pat-down both suspects for weapons. While a female agent patted down the defendant, Irwin kneeled down in front of Hunley’s brown and gold bag. He looked up at Hunley while kneeling over the bag and asked if he could search. The defendant said “yes”; Hunley said, “go for it. You’re just doing your job,” with his “head hung down.” Irwin unzipped the brown and- gold bag, saw a blanket, moved it aside, and saw what appeared to be a garbage bag. He reached into the tote bag and felt two hard, rectangular objects in the garbage bag. Irwin pulled out the garbage bag, which was knotted. He asked permission to untie the knot. Hunley replied, “go for it, you’re just doing your job.” Irwin retrieved two six-by-two inch rectangular blocks wrapped in duct tape from the bag. The wrapping was consistent with illegal narcotics packaging.

As Irwin held up the two rectangular items found in defendant’s brown and gold bag, Hunley gave a “very deep sigh” and shook his head. Irwin announced that he believed the bricks were cocaine. The officers arrested both suspects, handcuffed them, and escorted them to an office in the station for further investigation. A field test conducted at the station indicated that the items were in fact cocaine. At that moment, the defendant volunteered, “It’s mine.” One of the shoeboxes in the red, white and blue bag contained a third brick. The drugs weighed 6.6 pounds in all.

During the search incident to arrest, the officers recovered a small amount of currency, a pager, and two train ticket stubs from New York to Richmond. The ticket stubs were in Hunley’s pocket and were issued in the name of Delores Russell Anne. Neither Hunley nor the defendant possessed identification in that name. A cellular telephone, $2,000 in small bills, and a piece of paper with names and dollar amounts on it were found in the defendant’s leather satchel. An expert testified that the cell phone and pager were significant when found with drugs because drug dealers often use [516]*516them in making sales. He also stated that 6.6 pounds of drugs was inconsistent with personal use and New York was a source city for contraband entering Richmond.

The defendant contends the trial court improperly denied her suppression motion because the officers seized the evidence after an unlawful arrest. She contends there is no evidence that she was aware of what was in Hunley’s brown and gold bag. She continues that the officers did not have probable cause to arrest her until they found cocaine in the red, white and blue bag, but that occurred after she was formally arrested.

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Yancy v. Commonwealth
518 S.E.2d 325 (Court of Appeals of Virginia, 1999)

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Bluebook (online)
518 S.E.2d 325, 30 Va. App. 510, 1999 Va. App. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yancy-v-commonwealth-vactapp-1999.