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REITTINGER v. COM.

Record No. 0246-97-3.

502 S.E.2d 151 (1998)

28 Va. App. 80

Christopher John REITTINGER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

July 21, 1998.

Attorney(s) appearing for the Case

Malcolm G. Crawford, Lexington, for appellant.

Marla Graff Decker, Assistant Attorney General (Richard Cullen, Attorney General, on brief), for appellee.

Present: BENTON, COLEMAN and BUMGARDNER, JJ.

COLEMAN, Judge.

Christopher John Reittinger was convicted in a bench trial for possession of marijuana. On appeal, Reittinger contends: (1) he was "seized" in violation of the Fourth Amendment by the officer's show of authority in asking for consent to search the vehicle after having indicated that Reittinger was free to leave, and (2) the evidence was seized as the result of an illegal frisk that violated the Fourth Amendment. We find that the officer's encounter...

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