McGee v. Commonwealth

COLE, Senior Judge.

Douglas McGee, Jr. appeals his bench trial conviction for possession of cocaine with intent to distribute in violation of Code § 18.2-248. McGee contends that he was unlawfully seized in violation of the Fourth Amendment of the United States Constitution and that the trial court erred by refusing to suppress the cocaine that was found as a result of the illegal seizure. We hold that the police officers did not effectuate a seizure for Fourth Amendment purposes prior to the time the defendant freely and voluntarily consented to the search resulting in the recovery of the…