Commonwealth v. Spencer

FITZPATRICK, Judge.

Jonathan Lamont Spencer (appellee) was indicted for possession of a firearm while possessing cocaine and for possession of cocaine with intent to distribute in violation of Code §§ 18.2-308.4 and 18.2-248, respectively. Appellee filed a motion to suppress the gun and the cocaine on the ground that the police officers did not have a reasonable and articulable suspicion sufficient to stop the vehicle in which appellee was a passenger. The trial court granted the suppression motion, and the Commonwealth appeals that ruling pursuant to Code § 19.2-398(2). 1 On appeal, the…