Commonwealth v. Jackson

By Judge Duncan M. Byrd, Jr.

In this Motion to Suppress, the defendant seeks suppression of the contraband which is the subject of his indictments on the grounds that the evidence was seized as a result of an unlawful seizure of the defendant’s person. For reasons which follow, the Court agrees and will suppress the evidence.

The relevant facts are as follows.

At approximately 9:22 on the evening of December 8, 1994, Officer Kevin Hall of the Covington Police Department was proceeding north on South Lexington Avenue. He was in uniform in a plain white unmarked patrol car. He had in his…