WHITEHEAD v. COM.

Record No. 082458.

683 S.E.2d 299 (2009)

Travis Stacey WHITEHEAD v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 18, 2009.


Attorney(s) appearing for the Case

David W. Cassidy, Assistant Public Defender, for appellant.

Joanne V. Frye, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: All the Justices.


OPINION BY Justice CYNTHIA D. KINSER.

In this appeal, we hold that a positive alert on a vehicle by a trained narcotics detection dog, combined with the subsequent fruitless searches of the vehicle, the driver, and two passengers, does not provide sufficient particularized probable cause to allow a search of the only remaining passenger in the vehicle. We will therefore reverse the judgment of the Court of Appeals holding that the search at issue did not violate the...

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