A man who shot back at armed invaders could not suppress drugs found in his home when police executed a search warrant for firearms and ammunition related to the shoot-out.
Armed men invaded the apartment Derrick Wilson shared with a roommate. Wilson was upstairs at the time of the invasion. He got his gun from his bedroom and, from the top of the stairs, fired at the intruders. They retreated, then returned fire, wounding Wilson’s roommate.
Police were called and in their initial investigation, they spotted a spent shell casing in the upstairs hallway, an unfired bullet at the threshold to Wilson’s bedroom and another bullet cartridge in a second upstairs bedroom. Police returned with a warrant to search for “firearms, ammunition and any other trace evidence” in relation to the home invasion. They found Ecstasy pills in a TV stand and in a shoebox in Wilson’s bedroom. He admitted to having more pills in his vehicle.
Wilson argued police exceeded the scope of the search warrant, because the shooting happened on the first floor. The Supreme Court of Virginia said the second-floor search “did not exceed the specific authorization of the search warrant’s plain language.”
The high court rejected Wilson’s appeal in an unpublished order March 23, Wilson v. Commonwealth (VLW 012-6-055).
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