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Knight-Walker v. Commonwealth — 2025 opinion, later reversed

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- 3 - was not going to arrest her because she had been “nice” during their encounter. Allen reiterated that Knight-Walker could not drive the car and Knight-Walker, with cell phone in hand, repeated that she would call her son. At this time, Allen said “I know I asked you. I want to make sure we’re on the same page here, no weapons in the vehicle. Do you have any drugs at all in the car?” Knight-Walker responded “No, I do not.” Allen then asked, “No marijuana, no cocaine, no heroin, nothing crazy?” Knight-Walker answered, “No marijuana, no cocaine, no illegal substances at all.” Allen asked Knight-Walker if she would mind if he checked the vehicle for illegal substances. Knight-Walker did not immediately answer but paused for a moment, then turned her head away from Allen and grabbed the back of her neck, and said “um” before Allen continued, “it’ll be real quick. I just want to make sure nothing’s in the car.” Knight-Walker then opened the door and got out of the vehicle. Once Knight-Walker opened the door, Allen asked the second officer to have the passenger step out of the vehicle, too. When Knight-Walker got out of the Nissan, Allen asked if she had anything on her person and she responded “No.” Allen asked if he could pat her down, and Knight-Walker answered with an “Mhmm.” After Knight-Walker faced the vehicle, Allen conducted a pat down of her person. During the search of the vehicle, Allen discovered “an item . . . that was considered to be drug paraphernalia” inside the glove box of the Nissan. On June 13, 2022, a grand jury sitting in the Circuit Court for the City of Newport News indicted Knight-Walker for one count of possession of cocaine. On September 15, 2022, Knight-Walker filed a motion to suppress, seeking to exclude “all [her] statements and all evidence that stems from those statements due to an illegal seizure that occurred during a traffic stop, including all evidence seized from the vehicle that defendant was driving” because they were obtained in violation of the Fourth and Fourteenth Amendments of the United States
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