Durham v. Commonwealth

Syllabus

08/01/2024 In a criminal appeal raising search and seizure as well as sufficiency of the evidence issues, the searching officer had an objectively reasonable belief that defendant had been sipping alcohol from a cup in his car, coupled with the odor of alcohol and a bottle of liquor observed in a rear footwell, giving the officer probable cause to search the vehicle for further evidence of drinking while driving or even driving under the influence of alcohol. Once inside the passenger compartment, the officer could search every part of the vehicle that might conceal the objects of his search. This allowed him access to the center console, as he reasonably thought that it could contain small, single-serving bottles of alcohol that he referred to as \miniatures.\ It was when the officer pushed the button unlatching the console that he encountered a revolver. Overall, these facts, when taken in the light most favorable to the Commonwealth, create a picture consonant with the requirements of probable cause and without offense to the Fourth Amendment. The Court of Appeals' determination on the motion to suppress was correct, and its sufficiency of the evidence ruling upholding convictions for possession of a firearm by a nonviolent felon under Code § 18.2-308.2 and unlawfully carrying a concealed firearm under Code § 18.2-308 are also affirmed.