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LOGAN v. COM.

Record No. 0852-04-3.

622 S.E.2d 771 (2005)

47 Va. App. 168

James Gregory LOGAN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

December 13, 2005.

Attorney(s) appearing for the Case

S. Jane Chittom, Appellate Defender (Virginia Indigent Defense Commission, on brief), for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on briefs), for appellee.

Before: FITZPATRICK, C.J., and BENTON, ELDER, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, FELTON, KELSEY, McCLANAHAN and HALEY, JJ.

UPON REHEARING EN BANC

D. ARTHUR KELSEY, Judge.

Convicted of possession of cocaine, James Gregory Logan argues on appeal that the trial court erred by not suppressing evidence obtained during a warrantless entry into Logan's rooming house. We agree with Logan and reverse his conviction.

I.

Looking for someone else, a police officer entered the rooming house where Logan resided. The rooming house was an old home converted to board fifteen...

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