Baker v. Commonwealth

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 of Baker’s pants pocket. The Commonwealth contends this Court should apply the inevitable discovery doctrine to the facts and affirm the…