Motley v. Commonwealth

Opinion

FITZPATRICK, J.

Raleigh Deon Motley (appellant) was convicted in a bench trial of possession of cocaine in violation of Code § 18.2-250. On appeal, he contends that the trial court erred in failing to suppress the cocaine he discarded, because it was obtained as the result of an illegal seizure. We agree and reverse the conviction.

On January 21, 1992, Officer J.T. Lloyd of the City of Lynchburg Police Department was on duty and a passenger in a marked police cruiser. At approximately 9:00 p.m., the police radio dispatcher advised Lloyd to be on the lookout for “[a] black male with a…