HARRIS v. COM.

Record No. 002337.

551 S.E.2d 606 (2001)

262 Va. 407

Mart T. HARRIS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 14, 2001.


Attorney(s) appearing for the Case

Barrett R. Richardson, Norfolk (Richardson & Rosenberg, on brief), for appellant.

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

Present: All the Justices.


KOONTZ, Justice.

In this appeal, we consider whether a law enforcement officer had a reasonable belief that an individual was trespassing on private property providing a sufficient basis for the officer to detain and conduct a "pat-down" search of the individual.

BACKGROUND

On the afternoon of March 20, 1997, Officers J.M. Whitehead and T.B. Shelton of the City of Suffolk Police Department received a radio dispatch relaying information or a "tip...

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