Rhodes v. Commonwealth

UPON A REHEARING EN BANC

FITZPATRICK, Chief Judge.

Curtis S. Rhodes appealed the trial judge’s denial of his motion to suppress evidence obtained during a warrantless search. Rhodes contended the trial judge erred in holding that a police officer lawfully searched Rhodes incident to issuing him a summons for violating a city ordinance. A divided panel of this Court affirmed the trial judge’s refusal to suppress the evidence, see Rhodes v. Commonwealth, 28 Va. App. 296, 504 S.E.2d 390 (1998), and we granted rehearing en banc. Upon rehearing en banc, we reverse the trial court’s decision.

I

The…