Bailey v. Commonwealth – Case Brief Summary (Virginia)

In Bailey v. Commonwealth, 28 Va. App. 724, 508 S.E.2d 889 (1999), when Bailey came to the top of a knoll and saw the police roadblock, he stopped suddenly and turned into a driveway of a private residence between fifty and seventy-five yards from the roadblock. Bailey, 28 Va. App. at 725, 508 S.E.2d at 889.

Bailey drove slowly into the driveway as if he was hesitant about stopping there and continued to look at the officer. Bailey, 28 Va. App. at 725-26, 508 S.E.2d at 890.

When Bailey exited his vehicle, he continued to look at the officers at the roadblock. Id. at 726, 508 S.E.2d at 889.

One of the officers testified he was suspicious of the way Bailey was going through the driveway and kept looking at the roadblock. Id. at 726, 508 S.E.2d at 890.

The Court found the officer had reasonable suspicion to believe Bailey pulled into the driveway to evade the roadblock. Id. at 728, 508 S.E.2d at 891.