McGee v. Commonwealth

UPON REHEARING EN BANC

COLEMAN, Judge.

The defendant, Douglas McGee, Jr., was convicted in a bench trial of one count of possession of cocaine with intent to distribute in violation of Code § 18.2-248. A panel of this Court affirmed the conviction, holding that the defendant was not seized for Fourth Amendment purposes before he voluntarily consented to the search which resulted in the recovery of cocaine. See McGee v. Commonwealth, 23 Va.App. 334, 477 S.E.2d 14 (1996). Upon rehearing en banc, we hold that the trial court erred in denying the defendant’s motion to suppress the cocaine because…