Moss v. Commonwealth

LEMONS, Judge.

Tracy Lewayne Moss appeals from his convictions for possession of cocaine and escape from custody. On appeal, he argues (1) that his motion to suppress evidence seized in a strip search should have been granted, and (2) that because he was not lawfully in custody he could not be guilty of escape. We hold that his motion to suppress should have been granted but also hold that he was in custody for purposes of his conviction for escape. Accordingly, we affirm in part, reverse in part, and remand.

I. BACKGROUND

On October 22, 1997, Investigators K.T. Swisher, Wayne Duff, and Kevin D.…