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ROSEBOROUGH v. COM.

Record No. 100507.

704 S.E.2d 414 (2011)

Lawrence W. ROSEBOROUGH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 13, 2011.

Attorney(s) appearing for the Case

Hunter A. Whitestone (Whitestone, Brent, Young & Merril, on brief), Fairfax, for appellant.

Susan M. Harris , Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL, S.J.

Opinion by Senior Justice CHARLES S. RUSSELL.

This appeal of a conviction of driving while intoxicated turns upon the question whether the defendant was lawfully arrested.

Facts and Proceedings

At about 2:00 a.m. on January 15, 2007, Charles Banks was working as a security guard at Watergate at Landmark, an apartment complex in the City of Alexandria. The complex was a gated community served by a system of internal private roads that were...

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