Valley Pulse

A Buena Vista judge’s written opinion obtained by The News Virginian shows how he ruled a drug search (without warrant) to be legal in the case of former Stuarts Draft junior varsity basketball coach Seth Berry.

Berry, 25, of Staunton, was caught smoking marijuana near his parked car at Glen Maury Park in Buena Vista, where a softball tournament was taking place Aug. 23, Buena Vista police said. He was found guilty last week of marijuana possession and sentenced to serve 10 days in jail and to pay $250. A charge of possession of a Schedule I or II drug was sent to grand jury.

Attorneys submitted written arguments in January about the legality of a police search of Berry’s Chevy Tahoe.

Defense attorney Frank Mika filed a motion to suppress evidence because police did not properly identify the searched vehicle as belonging to Berry, searched it before placing him under arrest and gathered evidence from prohibited areas of the Tahoe. Buena Vista Commonwealth’s Attorney Christopher Russell rebuked Mika’s motion, arguing officers had sufficient probable cause for the search.

In a statement, Judge Gordon F. Saunders ruled the search legal, citing the “automobile exception.“

That standard, established in 1925, allows searches of vehicles that have “ready mobility,“ which could be moved or hidden while officers go through typical protocol in obtaining a search warrant from a court magistrate.

“The requirement for mobility of a vehicle has been eroded by subsequent court decisions,“ Saunders continued, citing a 1996 case which states drivers have a “reduced expectation of privacy in an automobile, owing to its pervasive regulation.“

Officers have been increasingly able to search vehicles by the developing standard Saunders describes.

“Evidence of a crime is still essential before the warrantless search of a vehicle is lawful,“ Saunders continued.

Testimony from officers indicated Berry reached inside his SUV shortly before lighting a marijuana smoking device in plain sight of an off-duty officer, facts Saunders considered sufficient for probable cause.

To read the story of Berry’s arrest, click here.
For an account of attorneys’ arguments, click here.