Agenda 05/22/2001 - Laserfiche WebLink

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Enclosure #4 Martinsville Common wealth's Attorney JOAN ZIGLAR Commonwealth's Attorney J, ANDREW JOHNSON Assistant Commonwealth's Attorney R. ANDREW BASSFORD Assistant Commonwealth's Attorney S. RENAY HAIRSTON Administrative Assistant April30,2001 Mr. Earl Reynolds City Manager 55 W. Church St. Martinsville, VA 24112 Dear Mr. Reynolds: Recently there has been a problem with one of the city code sections, namely § 13- 43, which pertains to being in a drug house. The corresponding state code section is § 18.2-258. While the city code section tracks part of the state code section, the city code section varies in that it makes it unlawful for anyone to be in such a house where drugs are in plain view. There is no requirement of knowledge or notice in the city code section. Earlier today, a defendant challenged the constitutionality of § 13-43 of the City of Martinsville Code. However, Judge Greenwalt did not rule on the constitutionality of that code section, because the defendant did not raise the issue in a timely manner. Judge Greenwalt did make it clear that he does not believe that § 13-43 of the City Code is constitutional. While he did not say it expressly, I have no doubt that he will dismiss all future cases involving this code section, if a defendant challenges the constitutionality of it. Please be adVised that our office will continue to prosecute cases according to the City Code as well as any other laws. Nonetheless, this is one code section that may need some revision. Thank you for your time. Sincerely, Assistant Commonwealth's Attorney 55 West Church Street P.O. Box 1311 Martinsville, VA 24114 Phone: (540) 638-3121 Fax: (540) 632-8173