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WEST v. COM.

Record No. 1405-00-1.

549 S.E.2d 605 (2001)

Emmanuel Phil WEST v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

July 24, 2001.

Attorney(s) appearing for the Case

David Redden, Newport News, for appellant.

Marla Graff Decker, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: WILLIS and HUMPHREYS, JJ., and OVERTON, Senior Judge.

OVERTON, Senior Judge.

Emmanuel West, appellant, appeals his felony conviction of possessing cocaine with the intent to distribute, in violation of Code § 18.2-248. The sole issue on appeal is whether the trial court erred by denying appellant's motion to suppress the evidence obtained as the result of a search. Finding that appellant was improperly searched, we reverse the judgment of the trial court, and we dismiss the indictment.

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