COM. v. BURGAN

Record Nos. 0999-94-3, 1000-94-3.

450 S.E.2d 177 (1994)

COMMONWEALTH of Virginia v. Derrell BURGAN. COMMONWEALTH of Virginia v. Harold DAVIS.

Court of Appeals of Virginia.

November 8, 1994.


Attorney(s) appearing for the Case

H. Elizabeth Shaffer, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellant.

James E. Rasnic, Jonesville, (Rasnic & Rasnic, P.C., on brief), for appellees.

Present: MOON, C.J., and BARROW and COLEMAN, JJ.


BARROW, Judge.

In this appeal we must decide whether the seizure of cigarettes and a cigarette lighter from two miners during an unannounced spot search of a coal mine violated the Fourth Amendment. No statutory or other regulatory scheme authorized a search of these individuals or their personal effects. Therefore, even though mining is a closely regulated industry and the government has a strong and legitimate interest in promoting safety in the industry, we hold...

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