COST v. COM.

Record No. 070496.

657 S.E.2d 505 (2008)

Darrio L. COST v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 29, 2008.


Attorney(s) appearing for the Case

Sonya Weaver Roots (Weaver Law Offices, on brief), Portsmouth, for appellant.

Eugene Murphy, Senior Asst. Atty. Gen. (Robert F, McDonnell, Atty. Gen., on brief), for appellee.

Present: All the Justices.


OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the Court of Appeals erred in affirming a circuit court's judgment denying a motion to suppress evidence seized by a police officer from inside the defendant's pants pocket during a "pat-down" search. The sole issue presented is whether the officer had sufficient probable cause to seize a number of capsules based upon his assertion that by the "plain feel" of the capsules he knew, through...

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