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DEER v. COMMONWEALTH

Record No. 1326-92-2.

441 S.E.2d 33 (1994)

Ryan O'Neal DEER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 22, 1994.

Attorney(s) appearing for the Case

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

Eugene Murphy, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: BENTON, KOONTZ and WILLIS, JJ.

KOONTZ, Judge.

In a bench trial, Ryan O'Neal Deer (Deer) was convicted of possession of cocaine with intent to distribute. Code § 18.2-248. Deer contends the trial court erred in failing to suppress evidence obtained in violation of his Fourth Amendment right against unreasonable warrantless searches and seizures. For the reasons that follow, we reverse Deer's conviction.

I.

FACTUAL BACKGROUND

On October 15, 1991, Trooper M.E. Thomas...

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