Commonwealth v. Ramey

Opinion

BARROW, J.

In this appeal we conclude that Code § 19.2-398, which provides the Commonwealth a limited right to appeal interlocutory orders, does not violate the United States constitutional guarantee of equal protection. In addition, we hold that the evidence, when viewed in the light most favorable to the defendant, does not support the trial court’s finding that a police officer lacked justification in seizing a plastic bottle possessed by the defendant.

While issuing a traffic summons to the driver of an automobile in which the defendant was a passenger, the police officer saw a…