MOORE v. COM.

No. 0676-89-2.

404 S.E.2d 77 (1991)

Claude Clarence MOORE, s/k/a Claude C. Moore, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 30, 1991.


Attorney(s) appearing for the Case

Russell C. Williams, Asst. Public Defender (Office of the Public Defender, on brief), for appellant.

Michael T. Judge, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Virginia B. Theisen, Asst. Atty. Gen., on brief), for appellee.

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


KOONTZ, Chief Judge.

After his motion to suppress evidence was denied, Claude C. Moore, appellant, in a bench trial on February 27, 1989, was convicted of possession of heroin. Moore was subsequently sentenced to ten years in the penitentiary with three years suspended. On appeal, Moore contends the officer's subjective perception of Moore's nervousness, without additional articulable facts reasonably suggesting Moore was armed and dangerous, did not justify the pat...

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