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HARRELL v. COM.

Record No. 1794-98-1.

517 S.E.2d 256 (1999)

30 Va. App. 398

Cluistopher HARRELL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

August 3, 1999.

Attorney(s) appearing for the Case

David J. Whitted, Assistant Public Defender, for appellant.

Daniel J. Munroe, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: WILLIS, BRAY and ANNUNZIATA, JJ.

ANNUNZIATA, Judge.

Christopher Harrell ("appellant") appeals the trial court's denial of his motion to suppress evidence obtained during an investigative stop of a vehicle in which he was a passenger, contending that the evidence was obtained in violation of his Fourth Amendment rights. We agree and reverse the trial court's decision.

I.

FACTUAL BACKGROUND

On April 22, 1997, at approximately 4:30 p.m., Officer Johnny Guy of the Suffolk...

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