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COM. v. GRIMSTEAD

Record No. 0507-91-1.

407 S.E.2d 47 (1991)

COMMONWEALTH of Virginia, v. John Joseph GRIMSTEAD.

Court of Appeals of Virginia.

August 5, 1991.

Attorney(s) appearing for the Case

Linwood T. Wells, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Eugene Murphy, Asst. Atty. Gen., on brief), for appellant.

Roger S. Fraley, for appellee.

Present: BAKER, BENTON, and WILLIS, JJ.

BENTON, Judge.

John Joseph Grimstead was indicted for possessing a sawed-off shotgun. The trial judge granted Grimstead's pre-trial motion to suppress the shotgun, which was discovered during a police officer's search of Grimstead's car. The Commonwealth appeals, see Code § 19.2-398 et seq., and raises the issue whether the presence of a hemostat in a car provides probable cause justifying an officer's seizure of the hemostat as evidence of a crime...

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