Castaneda v. Commonwealth

Opinion

ON REHEARING EN BANC

COLE, J.

In Castaneda v. Commonwealth, 6 Va. App. 476, 370 S.E.2d 109 (1988), a panel of this court reversed Castaneda’s conviction of possession of cocaine with intent to distribute and dismissed his indictment. We granted the Commonwealth’s petition for a rehearing en banc1 based upon the provisions of Code § 17-116.02(D). The issues on appeal are: (1) whether the investigative stop of the defendant’s motor vehicle violated rights guaranteed to him under the fourth amendment of the United States Constitution; and (2) whether the evidence adduced at trial was…