CASTANEDA v. COM.

Record No. 1404-86-2.

370 S.E.2d 109 (1988)

Orestes (NMN) CASTANEDA v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 5, 1988.


Attorney(s) appearing for the Case

Willis F. Hutchens (Rhonda C. King, Hutchens & Hutchens, P.C. on brief), for appellant.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Virginia B. Theisen, Asst. Atty. Gen., on brief), for appellees.

Present: KOONTZ, C.J., and BENTON and COLE, JJ.


BENTON, Judge.

On this appeal Orestes Castaneda contends that his conviction for possession of cocaine with intent to distribute should be set aside (1) because the state police violated his fourth amendment rights by stopping him on the highway solely on the basis of a drug courier profile, and (2) because the evidence was insufficient to support the conviction. We conclude that Castaneda was unlawfully stopped and reverse the conviction.

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