Bethea v. Commonwealth

419 S.E.2d 249 (1992)

George BETHEA, Jr.

v.

COMMONWEALTH of Virginia.

Record No. 0371-89-2.

Court of Appeals of Virginia.

May 26, 1992.

Russell C. Williams, Asst. Public Defender (David J. Johnson, Public Defender, on brief), for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BAKER, BARROW, BENTON, COLEMAN, DUFF, MOON, WILLIS, ELDER and BRAY, JJ.

UPON REHEARING EN BANC

COLEMAN, Judge.

In this appeal, we hold that a police officer's request or directive for a passenger to step out of a lawfully detained vehicle does not…