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MILTEER v. COM.

No. 031558.

595 S.E.2d 275 (2004)

267 Va. 732

Elmer MILTEER v. COMMONWEALTH OF VIRGINIA

Supreme Court of Virginia.

April 23, 2004.

Attorney(s) appearing for the Case

J. Roger Griffin, Jr. (Christie, Kantor, Griffin & Smith, on brief), Virginia Beach, for appellant.

John H. McLees, Senior Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen., on brief), for appellee.

Present: All the Justices.

G. STEVEN AGEE, Justice.

I. BACKGROUND AND PROCEEDINGS BELOW

On March 28, 2001, Norfolk police officers Steve Stephens ("Stephens") and Maurice S. Joseph ("Joseph") were screening packages for narcotics at a Federal Express facility in Norfolk, Virginia. While doing so, the officers noticed two packages similar in size, shape and labeling to packages determined through prior investigations to contain unauthorized (commonly referred to as "pirated") compact...

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