Russell v. Commonwealth

ELDER, Judge.

Donald Lloyd Russell, Jr., (appellant) appeals from his bench trial conviction for possession of cocaine with intent to distribute in violation of Code § 18.2-248. On appeal, he contends the trial court erroneously (1) denied his motion to suppress and (2) found the evidence sufficient to prove he constructively possessed the cocaine. We hold, under' the totality of the circumstances, that the police lacked probable cause to arrest appellant or search his car and, therefore, that the trial court erroneously denied appellant’s motion to suppress the evidence seized from his…