BYRD v. COM.

Record No. 2197-08-1.

704 S.E.2d 597 (2011)

57 Va. App. 589

Malachi Antonio BYRD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 1, 2011.


Attorney(s) appearing for the Case

T. Gregory Evans (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: FELTON, C.J., and ELDER, FRANK, HUMPHREYS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES, POWELL and ALSTON, JJ.


UPON A REHEARING EN BANC

McCLANAHAN, Judge.

The trial court found Malachi Antonio Byrd guilty of possession of cocaine and possession of a firearm by a convicted felon. On appeal, Byrd argues the trial court erred in denying his motion to suppress evidence of these crimes because the police, acting on information from a confidential informant, lacked probable cause to stop and search his vehicle, in violation of his Fourth Amendment rights. A panel majority...

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