SMITH v. COM.

Record No. 0459-90-2.

407 S.E.2d 49 (1991)

Kiro Raheem SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 6, 1991.


Attorney(s) appearing for the Case

Carolyn V. Grady, Richmond (David J. Johnson, Public Defender, Kimberly B. O'Donnell, Sr. Asst. Public Defender, on brief), for appellant.

Janet F. Rosser, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, BENTON and ELDER, JJ.


BARROW, Judge.

This appeal is from a conviction of possession of cocaine with intent to distribute. We conclude that insufficient justification existed for the investigatory stop which led to the discovery of the cocaine in the defendant's possession and that, therefore, the trial court erred in denying the defendant's motion to suppress evidence of the cocaine.

A Richmond police officer saw the defendant shortly...

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