Ferguson v. Commonwealth

FRANK, Judge.

Michael Ray Ferguson, Jr., appellant, was convicted of burglary, in violation of Code § 18.2-91, and grand larceny, in *53violation of Code § 18.2-95.1 On appeal, appellant contends that the trial court erred in denying his motion to suppress statements he made to police officers. Appellant argues that these statements were taken in violation of his Fifth Amendment right to counsel. For the reasons stated, we agree and reverse appellant’s convictions.

BACKGROUND

On July 28, 2005, police officers stopped appellant’s vehicle in the town of Altavista, which is located in Campbell County.…