Smith v. Commonwealth

Opinion

BARROW, J.

This appeal is from a conviction of possession of cocaine with intent to distribute. We conclude that insufficient justification existed for the investigatory stop which led to the discovery of the cocaine in the defendant’s possession and that, therefore, the trial court erred in denying the defendant’s motion to suppress evidence of the cocaine.

A Richmond police officer saw the defendant shortly after 10:00 p.m. on a playground. The officer was a member of a special unit investigating drugs and firearms. He had made drug related arrests at the playground before and knew…