Cole v. Commonwealth, 294 Va. 342

Summary

The Supreme Court of Virginia considered whether a strip search of Abdul Cole after his arrest violated the Fourth Amendment and whether cocaine recovered during the search was admissible. The court held that the Court of Appeals could reconsider its pretrial ruling on direct appeal under Code §§ 17.1-410 and 19.2-409, and analyzed the reasonableness of the search in light of Bell v. Wolfish and Florence v. Board of Chosen Freeholders. The appeal also concerned whether the evidence was sufficient to support Cole’s conviction for possession of cocaine with intent to distribute.

Holdings

1. Under Code §§ 17.1-410 and 19.2-409, the Court of Appeals may reconsider on a convicted defendant's direct appeal an issue that was the subject of the Commonwealth's pretrial appeal. The Court of Appeals therefore erred by treating the law-of-the-case doctrine as precluding reconsideration of the strip-search ruling.
2. The jail's policy authorizing a visual strip search of incoming detainees charged with drug, weapons, or violent offenses, with supervisor approval, was reasonable under the Fourth Amendment as applied to Cole, even though he had not yet appeared before a magistrate or entered the general jail population and officials lacked particularized suspicion that he concealed contraband.
3. The evidence was sufficient to support Cole's conviction for possession of cocaine with intent to distribute.

Questions Presented

1. Whether the Court of Appeals was authorized under Virginia law to reconsider on direct appeal an issue previously decided in a Commonwealth pretrial appeal from an order suppressing evidence.
2. Whether the jail's visual strip search of Cole, an incoming detainee held in the booking area before appearing before a magistrate and without a particularized suspicion that he concealed contraband, violated the Fourth Amendment.
3. Whether the evidence was sufficient to prove that Cole possessed cocaine with intent to distribute.

Disposition

other