McCAIN v. COM.

Record No. 071189.

659 S.E.2d 512 (2008)

Tyrone Junior McCAIN v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 18, 2008.


Attorney(s) appearing for the Case

Joseph H.M. Schenk, Jr., Public Defender, for appellant.

Karen Misbach, Asst. Atty. Gen. II (Robert F. McDonnell, Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and GOODWYN, JJ., and CARRICO, Senior Justice.


OPINION BY Justice S. BERNARD GOODWYN.

In this case we consider the circumstances under which a law enforcement officer may, within the confines of the Fourth Amendment of the United States Constitution ("the Fourth Amendment"), conduct a "pat-down" search for weapons on a passenger in a vehicle whose driver was stopped for a traffic violation.

Tyrone Junior McCain ("McCain") was charged in the Danville Circuit Court with possession of cocaine with the intent...

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