PHILLIPS v. COM.

Record No. 0693-92-4.

434 S.E.2d 918 (1993)

James Russell PHILLIPS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 7, 1993.


Attorney(s) appearing for the Case

W. Michael Phipps (Evans & Phipps, on brief), Manassas, for appellant.

Virginia B. Theisen, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and KOONTZ, JJ.


COLEMAN, Judge.

In this criminal appeal, we hold that a police officer did not violate the Fourth Amendment when he opened a closed pouch discovered on James Phillips during a pat-down search because the officer reasonably believed that the pouch may have contained a weapon that posed a threat to him or to the public. Therefore, we uphold the trial judge's decision to admit into evidence the drug paraphernalia found inside Phillips' pouch as evidence obtained pursuant...

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