Duarte v. Commonwealth of Virginia
Virginia Court of Appeals
407 S.E.2d 41, 12 Va. App. 1023 (1991)
- Written by Jennifer Flinn, JD
Facts
William Duarte (defendant) was a student at Averette College, a private college in Virginia. Duarte lived in a residence hall on campus. Duarte’s roommate was Hugh Francis. As part of a criminal investigation, Danville, Virginia Police Detective T. A. Smith spoke with the college’s Dean of Students, Pat Morgan, to determine whether Duarte and Francis lived on campus. Morgan notified Smith that Morgan planned to search Duarte’s dorm room, and Smith asked that Morgan not do so because the search might interfere with the police investigation. Despite this directive, Morgan instructed college officials to search Duarte’s room pursuant to the college’s student handbook. During the search, college officials found drugs and paraphernalia in Duarte’s room. Duarte was charged with possession of marijuana with intent to distribute. Before Duarte’s trial, he filed a motion to suppress the evidence found during the search of Duarte’s dorm room, arguing that the search violated the Fourth Amendment. The trial court denied Duarte’s motion to suppress, and Duarte was convicted of drug charges. Duarte appealed.
Rule of Law
Issue
Holding and Reasoning (Koontz, C.J.)
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