BOLDA v. COM.

Record No. 0882-91-2.

423 S.E.2d 204 (1992)

Michael Robert BOLDA v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 10, 1992.


Attorney(s) appearing for the Case

C. David Whaley, Richmond (Anthony G. Spencer, Morchower, Luxton and Whaley, on brief), for appellant.

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

Present: BENTON, COLEMAN and FITZPATRICK, JJ.


BENTON, Judge.

Michael Robert Bolda was convicted of possession of psilocyn in violation of Code §§ 18.2-250 and 54.1-3446(3). On appeal, Bolda contends the trial judge erred in overruling his motion to suppress evidence seized in violation of the Fourth Amendment. Because the search exceeded the scope of Bolda's consent, we reverse the conviction.

At 2:55 a.m., Officer Timothy Allen Jennings stopped a pickup truck whose driver he suspected of driving...

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