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BAKER v. COM.

Record No. 0865-09-1.

700 S.E.2d 160 (2010)

57 Va. App. 181

Howard Dodd BAKER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

October 19, 2010.

Attorney(s) appearing for the Case

Katherine Currin Braun , Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Jennifer C. Williamson , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: ELDER and HUMPHREYS, JJ., and COLEMAN, Senior Judge.

HUMPHREYS, Judge.

Howard Dodd Baker ("Baker") appeals his conviction in the Chesapeake Circuit Court on one count of possession of cocaine, in violation of Code § 18.2-250. He alleges the circuit court erred in refusing to suppress the evidence against him, arguing it was the result of an unlawful pat down and ultimate search of his person. The Commonwealth argues the pat down was lawful, but concedes the evidence was unlawfully obtained in the ensuing search...

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