· 4/27/1970
Fierst v. Commonwealth
Citations
- 210 Va. 757
- 173 S.E.2d 807
- 1970 Va. LEXIS 196
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a suspect’s slumped posture in the car, wan or drunken appearance, “mumbly” speech, inability to locate his license, and need for assistance in exiting the car were sufficient indicators of intoxication to warrant his arrest
- holding that a suspect's slumped posture in the car, wan or drunken appearance, \mumbly\ speech, inability to locate his license, and need for assistance in exiting the car were sufficient indicators of intoxication to warrant his arrest
- reversing bench trial conviction for \possession of more than 25 grains of illegally acquired narcotic drugs\ and remanding for \new sentencing\ for possessing no more than 25 grains
- defendant was slumped in his vehicle with his head leaning back on the seat
- probable cause existed based on person's slurred speech, fumbling with papers, failure to produce license as requested, general appearance, and position “slumped” in car, despite fact that he “was not extensively tested or questioned”
- officer had probable cause for an arrest based on suspect's posture, fumbling, appearance, and manner of exiting his car, although the officer detected no odor of alcohol and did not conduct any field sobriety tests
Source: CourtListener parenthetical corpus (CC0).
Judges: Cochran
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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