McCain v. Commonwealth

In this appeal, we consider 1) whether a police officer’s search of a defendant and his automobile violated the defendant’s Fourth Amendment rights; and 2) whether the evidence is sufficient to support the defendant’s convictions.

Elbert Lamont McCain was indicted for possession of cocaine with the intent to distribute, in violation of Code § 18.2-248, and for possession of a firearm while possessing cocaine with the intent to distribute, in violation of Code § 18.2-308.4(B). McCain was convicted of both offenses in a bench trial in the Circuit Court of the City of Danville and was sentenced…