BARRETT v. COM.

Record No. 0532-92-2.

447 S.E.2d 243 (1994)

Jeter Ray BARRETT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 9, 1994.


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: MOON, C.J., and BAKER, BARROW, COLEMAN, KOONTZ, WILLIS, ELDER, BRAY and FITZPATRICK, JJ.


UPON A REHEARING EN BANC

WILLIS, Judge.

On appeal from his conviction of driving while intoxicated, Code § 18.2-266, his third such offense within a ten-year period, Jeter Ray Barrett contends that the trial court erred in finding that the stop of his truck, in the absence of reasonable suspicion of criminal activity, did not violate the Fourth Amendment. We find no error and affirm the judgment of the trial court.

About 9:20 p.m. on the evening...

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