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Servis v. Commonwealth7/5/1988
[6 VaApp Page 510] Appellant, Clyde Earl Servis, III, appeals his convictions of possession of drug paraphernalia with intent to distribute in violation of Code § 18.2-265.3, possession of marijuana with the intent to distribute in violation of Code § 18.2-248.1, and possession of a controlled substance (cocaine) with intent to distribute in violation of Code § 18.2-248. He assigns the following errors on this appeal: (1) that the trial court erred in not suppressing evidence which was obtained through a warrantless entry into his motel room allegedly in violation of his fourth amendment rights; (2) that the trial court erred in not suppressing evidence obtained pursuant to an inventory search of his car because the circumstances did not warrant its impoundment; and (3) that the trial court erred in not granting his motion to strike the evidence because it was insufficient to establish his intent to distribute marijuana or cocaine. For the following reasons, we find no error and
affirm the convictions.
I.
At about 4:00 a.m. on January 7, 1986, Valerie Lankford, the front desk clerk at Kings Quarters Motel in Hanover County, received a telephone call from an occupant of room 315 advising her of an attempted break-in to that room. She immediately telephoned the Hanover Police Department. Officers Farmer and Talley arrived on the scene minutes later. Lankford relayed the information she had given the dispatcher that an occupant of room 315 called the front desk to report an attempted break-in to that room.
Officers Farmer and Talley observed the room for about four or five minutes. Observing nothing unusual, they proceeded to the room. They knocked on the door for some time before the defendant finally answered. He only opened the door four or five inches and appeared "nervous," "highly upset," and "under the influence of something." Officer Talley observed that chairs were piled up against the door.
Officer Farmer asked the defendant if "everything was O.K." The defendant said that he had called the front desk because he thought someone had been trying to break in. When asked to whom the room was registered, he said that the room was rented to "Phillip" who had "gone down the block" and "wouldn't be back for a while." When Officer Farmer asked if he could come into the room, the defendant became very upset and refused.
Officers Farmer and Talley returned to the front desk. Lankford showed them the registration form which indicated that rooms 315 and 317 were single, adjoining rooms that had been rented to two people under the name of Eric Steinherner for one night. It also indicated that a Honda with Maryland tags was registered to those rooms. Lankford told the officers that those rooms had received several visitors and calls since she came on duty at 11:00 p.m. and that she "felt like something wasn't right in the room." Officer Farmer then telephoned the Hanover Commonwealth attorney who informed him that there was "no way" he could get a search warrant for the rooms.
Officers Farmer and Talley maintained surveillance of rooms 315 and 317 but noticed nothing peculiar until a cab arrived at
the rooms. Officer Farmer then returned to the motel room while Officer Talley remained in the car. Farmer asked the defendant if the car registered to the room belonged to him; he said that it did. Farmer again asked the defendant to whom the rooms were registered. This time, he said to "Dan" who "had gone down the block." At this point, O
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