RUSSELL v. COM.

Record No. 2530-99-3.

535 S.E.2d 699 (2000)

33 Va. App. 604

Donald Lloyd RUSSELL, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

October 24, 2000.


Attorney(s) appearing for the Case

Joseph A. Sanzone (Sanzone & Baker, P.C., on brief), Lynchburg, for appellant.

Shelly R. James, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN, WILLIS and ELDER, JJ.


ELDER, Judge.

Donald Lloyd Russell, Jr., (appellant) appeals from his bench trial conviction for possession of cocaine with intent to distribute in violation of Code § 18.2-248. On appeal, he contends the trial court erroneously (1) denied his motion to suppress and (2) found the evidence sufficient to prove he constructively possessed the cocaine. We hold, under the totality of the circumstances, that the police lacked probable cause to arrest appellant or search...

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