BARRETT v. COM.

Record No. 0532-92-2.

435 S.E.2d 902 (1993)

Jeter Ray BARRETT, v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

Rehearing En Banc Granted December 15, 1993.


Attorney(s) appearing for the Case

R. Michael McKenney, Warsaw (Smith, Murphy & Taliaferro, on brief), for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: COLEMAN, WILLIS and ELDER, JJ.


ELDER, Judge.

Jeter Ray Barrett appeals from his conviction for driving while intoxicated under Code § 18.2-266, his third such offense within a ten-year period. He argues that the trial court erred in finding that the stop of his car, in the absence of reasonable suspicion of criminal activity, did not violate the fourth amendment. For the reasons set forth below, we reverse appellant's conviction.

According to the parties' joint brief statement of facts...

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