context: The cases cited by the majority do not support the conclusion that appellant's consent to a search of his person necessarily included consent to a search of the bag of socks. As the majority concedes, this issue is one of first impression in Virginia, and even the cases from other jurisdictions upon which the majority relies involved construction "of the term 'person' in the context of [ (1)] searching 'the person' pursuant to a warrant" for that person or (2) searching the belongings of a nonresident visitor pursuant to a warrant for the premises on which the person was found.
citation_a.signal: see also
citation_a.identifier: 552 N.W.2d 218, 220
citation_a.parenthetical: relying on Graham to invalidate search of purse taken from person arriving outside residence for which police had premises warrant after search already had commenced
citation_a.sentence: See United States v. Graham, 638 F.2d 1111, 1114 (7th Cir.1981) (holding that “a shoulder purse carried by a person at the time he is stopped lies within the scope of a warrant authorizing the search of his person”); see also United States v. Branch, 545 F.2d 177, 182-83 (D.C.Cir.1976) (noting premises warrant did not validate search of shoulder bag in possession of person who arrived on premises after search had begun but that “such personal items as [a] shoulder bag” or “a wallet and paper bag, passed by one occupant of the residence to the other,” “may, in some circumstances, be found to be within the ambit of a premises search warrant”); United States v. Robertson, 833 F.2d 777, 778, 784 (9th Cir.1987) (applying principle that containers closely associated with one’s person require warrant specifically authorizing their search to invalidate search of backpack carried by defendant, who was leaving house when officers arrived to execute arrest warrant for a third party, where premises warrant police secured after seizing defendant’s backpack did not specifically authorize search of defendant or her backpack); State v. Wynne, 552 N.W.2d 218, 220 (Minn.1996) (relying on Graham to invalidate search of purse taken from person arriving outside residence for which police had premises warrant after search already had commenced); State v. Andrews, 201 Wis.2d 383, 549 N.W.2d 210, 215-16, 218 (1996) (relying in part on Graham to hold that police executing premises warrant may not search items “worn by or in the physical possession of persons whose search is not authorized by the warrant” (footnote omitted)); Hayes v. State, 141 Ga.App. 706, 234 S.E.2d 360, 361-62 (1977) (holding search of suitcase found next to man sleeping on couch was unconstitutional where officers had warrant for particular apartment and its occupant and failed, prior to search, to take reasonable steps to determine whether suitcase belonged to occupant named in warrant or to nonresident visitor).
citation_b.signal: see
citation_b.identifier: 638 F.2d 1111, 1114
citation_b.parenthetical: holding that "a shoulder purse carried by a person at the time he is stopped lies within the scope of a warrant authorizing the search of his person"
citation_b.sentence: See United States v. Graham, 638 F.2d 1111, 1114 (7th Cir.1981) (holding that “a shoulder purse carried by a person at the time he is stopped lies within the scope of a warrant authorizing the search of his person”); see also United States v. Branch, 545 F.2d 177, 182-83 (D.C.Cir.1976) (noting premises warrant did not validate search of shoulder bag in possession of person who arrived on premises after search had begun but that “such personal items as [a] shoulder bag” or “a wallet and paper bag, passed by one occupant of the residence to the other,” “may, in some circumstances, be found to be within the ambit of a premises search warrant”); United States v. Robertson, 833 F.2d 777, 778, 784 (9th Cir.1987) (applying principle that containers closely associated with one’s person require warrant specifically authorizing their search to invalidate search of backpack carried by defendant, who was leaving house when officers arrived to execute arrest warrant for a third party, where premises warrant police secured after seizing defendant’s backpack did not specifically authorize search of defendant or her backpack); State v. Wynne, 552 N.W.2d 218, 220 (Minn.1996) (relying on Graham to invalidate search of purse taken from person arriving outside residence for which police had premises warrant after search already had commenced); State v. Andrews, 201 Wis.2d 383, 549 N.W.2d 210, 215-16, 218 (1996) (relying in part on Graham to hold that police executing premises warrant may not search items “worn by or in the physical possession of persons whose search is not authorized by the warrant” (footnote omitted)); Hayes v. State, 141 Ga.App. 706, 234 S.E.2d 360, 361-62 (1977) (holding search of suitcase found next to man sleeping on couch was unconstitutional where officers had warrant for particular apartment and its occupant and failed, prior to search, to take reasonable steps to determine whether suitcase belonged to occupant named in warrant or to nonresident visitor).