Jones v. Commonwealth (1999)
In Jones v. Commonwealth, 29 Va. App. 363, 512 S.E.2d 165 (Va. Ct. App. 1999), the court held, "After a fireman has observed evidence in plain view, he may summon a police officer, who may enter the residence and seize the evidence without first obtaining a warrant." Jones, 512 S.E.2d at 168.
The court reasoned that "a warrant is not required in these circumstances because the defendant no longer has a reasonable expectation of privacy for that area of the apartment where one official validly on the premises has made the lawful discovery, and another is merely preserving the incriminating evidence." 512 S.E.2d at 169.