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ROYAL v. COM.

Record No. 0062-01-1.

558 S.E.2d 549 (2002)

37 Va. App. 360

James Russell ROYAL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

January 29, 2002.

Attorney(s) appearing for the Case

Richard C. Kerns, Newport News, for appellant.

Stephen R. McCullough, Assistant Attorney General (Randolph A. Beales, Attorney General, on brief), for appellee.

Present: BRAY, FRANK and AGEE, JJ.

FRANK, Judge.

James Russell Royal (appellant) was convicted in a bench trial of possession of cocaine, in violation of Code § 18.2-250. On appeal, he contends the trial court erred in denying his motion to suppress, claiming the police had neither consent nor probable cause to search him. For the reasons stated, we reverse the conviction.

I. BACKGROUND

In the early morning of July 20, 1999, Newport News Police Officer R.O. Davis and his partner...

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