1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 612 S.E.2d
  5. 612 S.E.2d 213 (2005)
 

KYER v. COM.

Record No. 2200-03-2.

612 S.E.2d 213 (2005)

45 Va. App. 473

Joshua Davis KYER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 3, 2005.

Attorney(s) appearing for the Case

James R. Cooke, Jr., for appellant.

John H. McLees, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Amicus Curiae: Virginia Association of Criminal Defense Lawyers (Steven D. Benjamin; Betty Layne DesPortes, on brief), for appellant.

Present: FITZPATRICK, C.J., BENTON, ELDER, FRANK, HUMPHREYS, CLEMENTS, FELTON, KELSEY and McCLANAHAN, JJ.

UPON REHEARING EN BANC

KELSEY, Judge.

Joshua Davis Kyer challenges on appeal his burglary and larceny convictions, claiming police unlawfully entered his mother's apartment where he lived and obtained incriminating evidence in violation of the Fourth Amendment. We agree with Kyer that no warrant exception justified the police entry into the apartment. But we also agree with the trial court that, once inside, the police searched the apartment only after receiving...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases