McCAULEY v. COM.

Record No. 0809-92-2.

435 S.E.2d 891 (1993)

Junior Franklin McCAULEY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

Rehearing En Banc Granted November 17, 1993.


Attorney(s) appearing for the Case

Scott Goodman, for appellant.

Leah A. Darron, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and BENTON and FITZPATRICK, JJ.


MOON, Chief Judge.

Junior Franklin McCauley, appellant, appeals his conviction of driving after having been declared a habitual offender. We affirm and hold that the stop of appellant for the safety inspection pursuant to Code § 52-8.5 was not a violation of the fourth amendment.

On July 10, 1991, Trooper Rogers set up his commercial vehicle inspection site at the pre-designated location on East Route 250 near the Shadwell Exit of Interstate 64. Rogers...

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