Richmond v. Commonwealth

ELDER, Judge.

Mark E. Richmond (appellant) appeals his conviction for possession of cocaine in violation of Code § 18.2-250. Appellant contends that the trial court erred in denying his motion to suppress the evidence based upon an unlawful search of his car. Because the police lacked reasonable and articulable suspicion to seize appellant when they asked for and retained his driver’s license, the trial court erred in not suppressing the drug paraphernalia found thereafter.

I

FACTS

On April 8,1994, at approximately 9:51 p.m., Deputy Sheriff J.S. Sizemore of the Hanover County Sheriffs Department…