February 2019 - Adkins v Commonwealth

Published: May 19, 2019, 2:42 a.m.

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Upon an appeal from a judgment rendered by the Court of Appeals of Virginia.

 

Upon consideration of the record, briefs, and argument of counsel, the Court is of opinion that there is reversible error in the judgment of the Court of Appeals.

 

On July 14, 2015, Rashad Adkins ("Adkins") was arrested in Fairfax County for a probation violation. When Adkins was searched, police found a .40 caliber firearm, suspected narcotics and counterfeit money in the backpack he was carrying. He was subsequently interrogated by two Fairfax County detectives as part of their investigation regarding the contents of the backpack. Detective Waylon, from the City of Alexandria Police Department also sat in on the interview and recorded it using his cell phone. The Fairfax County detectives read Adkins his Miranda rights. A rights waiver form was filled out, indicating that the rights waiver related to an investigation of the crime of "concealed weapon, Felon in Possession of a Firearm." . . .

 

Source Document: http://www.courts.state.va.us/courts/scv/orders_unpublished/180485.pdf