JONES v. COM.

Record No. 091539.

691 S.E.2d 801 (2010)

Michael Eugene JONES v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 15, 2010.


Attorney(s) appearing for the Case

Joseph A. Sadighian, Senior Asst. Appellate Defender, for appellant.

Rosemary V. Bourne, Asst. Atty. Gen. (William C. Mims, Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, LEMONS, GOODWYN, and MILLETTE, JJ., and LACY, S.J.


OPINION BY Justice LEROY F. MILLETTE, JR.

In this appeal, we consider whether a lawful traffic stop transformed into an unlawful seizure in violation of the Fourth Amendment when police seized the defendant's wallet during a pat down, thereby rendering the defendant's consent to search his vehicle invalid.

BACKGROUND

We will state the facts in the light most favorable to the Commonwealth, the prevailing party below. Jones v. Commonwealth...

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