COM. v. SMITH

Record No. 092561.

709 S.E.2d 139 (2011)

COMMONWEALTH of Virginia v. Corey Tayvon SMITH.

Supreme Court of Virginia.

April 21, 2011.


Attorney(s) appearing for the Case

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

Jessica M. Bulos , for appellee.

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


OPINION BY Justice LEROY F. MILLETTE, JR.

In this appeal, we address whether a frisk of a passenger conducted during a valid traffic stop was supported by reasonable suspicion based upon an alert by a police computer system that the passenger was "probably armed and a narcotics seller/user."

BACKGROUND

Corey Tayvon Smith was a passenger in a vehicle stopped on September 18, 2007 by Richmond police officers, Robert Hedman and Steven Moore,...

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