Hunt v. Commonwealth

ELDER, Judge.

Marcus Hunt entered a conditional plea of guilty for (1) possession of a firearm while in possession of cocaine, in violation of Code § 18.2-308.4(B), and (2) possession of cocaine with the intent to distribute, in violation of Code § 18.2-248. On appeal, Hunt contends the trial court erred in denying his motion to suppress evidence taken from his person, claiming he was searched in violation of Code § 19.2-74 and the Fourth Amendment. We hold the search was unreasonable. Although the officer’s non-custodial arrest of Hunt for trespass was lawful, the seizure became a full…