West v. Commonwealth

OVERTON, Senior Judge.

Emmanuel West, appellant, appeals his felony conviction of possessing cocaine with the intent to distribute, in violation of Code § 18.2-248. The sole issue on appeal is whether the trial court erred by denying appellant’s motion to suppress the evidence obtained as the result of a search. Finding that appellant was improperly searched, we reverse the judgment of the trial court, and we dismiss the indictment.

FACTS

While on patrol, Detectives Polak and Womack were stopped at a traffic light next to appellant’s station wagon. They noticed the vehicle had thirty-day tags,…