ASBLE v. COM.

Record No. 1272-06-1.

653 S.E.2d 285 (2007)

50 Va. App. 643

Mark B. ASBLE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

November 27, 2007.


Attorney(s) appearing for the Case

Darell Sayer (Ferrell, Sayer & Nicolo, P.C., on brief), Portsmouth, for appellant.

Alice T. Armstrong, Assistant Attorney General (Robert F. McDonnell, Attorney General; Joshua M. Didlake, Assistant Attorney General, on brief), for appellee.

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


JERE M.H. WILLIS, JR., Senior Judge.

Appeal from his convictions of possession of heroin and possession of cocaine, Mark B. Asble contends the trial court erred in denying his motion to suppress a spoon and a syringe found upon a search of his car. He argues that the police officer lacked a reasonable articulable suspicion of criminal activity justifying the search. We agree and reverse the judgment of the trial court.

"In reviewing a trial court's denial...

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