COM. v. GILMORE

Record No. 2700-97-2.

498 S.E.2d 464 (1998)

27 Va. App. 320

COMMONWEALTH of Virginia v. Denise Patrice GILMORE.

Court of Appeals of Virginia.

May 6, 1998.


Attorney(s) appearing for the Case

Richard B. Smith, Assistant Attorney General (Mark L. Earley, Attorney General, on briefs), for appellant.

Tonja M. Roberts, South Boston, for appellee.

Present: BENTON and ELDER, JJ., and COLE, Senior Judge.


ELDER, Judge.

The Commonwealth appeals a pretrial order granting the motion of Denise Patrice Gilmore (defendant) to suppress evidence obtained during a search incident to her arrest. The Commonwealth contends the trial court erred when it concluded that the warrantless search of defendant's vaginal cavity was unreasonable under the Fourth Amendment. For the reasons that follow, we affirm the order suppressing the evidence...

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