MALBROUGH v. COM.

Record No. 062570.

655 S.E.2d 1 (2008)

Ronald Wayne MALBROUGH, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 11, 2008.


Attorney(s) appearing for the Case

D. Gregory Carr (Bowen, Champlin, Carr, Foreman & Rockecharlie, on brief), Richmond, for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, S.J.


OPINION BY Senior Justice CHARLES S. RUSSELL.

In this appeal, we must determine whether, under the facts presented, a defendant's Fourth Amendment protections against unreasonable search and seizure were infringed by a consent search of his person, conducted by police at a roadside stop, after he had been told that he was free to leave.

Facts and Proceedings

The material facts are undisputed. In the early afternoon of February 25, 2004, Ronald...

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