BARNETTE v. COM.

Record No. 0997-95-3.

478 S.E.2d 707 (1996)

23 Va. App. 581

Ernest Johnson BARNETTE, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 10, 1996.


Attorney(s) appearing for the Case

James Hingeley (Office of the Public Defender, on brief), for appellant.

Richard B. Smith, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BAKER, COLEMAN and ELDER, JJ.


BAKER, Judge.

Ernest Johnson Barnette, Jr. (appellant) appeals from his bench trial conviction by the Circuit Court of the City of Lynchburg (trial court) for possession of cocaine in violation of Code § 18.2-250. The sole issue is whether the exclusionary rule as applied to the Fourth Amendment required the trial court to suppress cocaine discovered in appellant's possession when he was searched incident to his arrest for violating parole. We hold that the trial...

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