STOKES v. COM.

Record No. 1556-85.

355 S.E.2d 611 (1987)

Samuel Columbus STOKES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 5, 1987.


Attorney(s) appearing for the Case

Cary B. Bowen, Richmond, for appellant.

W. Mark Dunn, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Before BARROW, BENTON and COLE, JJ.


BENTON, Judge.

The question presented on this appeal by Samuel Columbus Stokes is whether evidence of a crime seen and seized by a police investigator, who was an invitee in Stokes' residence, was obtained by a search conducted in violation of the fourth amendment and, thus, tainted a search warrant which later was issued on the basis of the seized evidence. We conclude that the seized evidence was in plain view and was not discovered during a search.

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