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COM. v. VIAR

Record No. 1629-92-2.

425 S.E.2d 86 (1992)

COMMONWEALTH of Virginia v. Faith Yvonne VIAR and William Alexander Viar.

Court of Appeals of Virginia.

December 21, 1992.

Attorney(s) appearing for the Case

Kathleen B. Martin, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellant.

No brief or argument for appellees.

Present: MOON, ELDER and FITZPATRICK, JJ.

FITZPATRICK, Judge.

The appellees, William and Faith Viar, were indicted for possession of more than one-half ounce but less than five pounds of marijuana with intent to distribute. Code § 18.2-248.1(a)(2). The appellees filed a motion to suppress the physical evidence seized from their home on the ground that the police failed to comply with the "knock and announce" rule prior to executing a valid search warrant. The trial court granted the motion to suppress...

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