Moore v. Commonwealth

HUMPHREYS, Judge.

This matter comes before the Court on rehearing en banc from a divided panel opinion issued February 22, 2005. David Lee Moore (“Moore”) argues on appeal that his conviction for possession of cocaine with intent to distribute should be reversed because the trial court erred in denying his motion to suppress. Moore reasons that, because his underlying arrest for driving on a suspended license violated both Code § 19.2-74(A)(1) and the Fourth Amendment to the United States Constitution, the evidence uncovered during the search incident to that arrest must be suppressed. For the…