HANSON v. COMMONWEALTH

Record No. 1311-97-4.

561 S.E.2d 754 (2002)

38 Va. App. 49

James HANSON, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

April 2, 2002.


Attorney(s) appearing for the Case

Joseph A. Sadighian, Assistant Public Detfender, for appellant.

Amy L. Marshall, Assistant Attorney General (Randolph A. Beales, Attorney General, on brief), for appellee.

Present: BENTON, CLEMENTS, JJ., and COLEMAN, Senior Judge.


BENTON, Judge.

The trial judge denied James Donnell Thomas's motion to suppress evidence and convicted him of possession of an imitation controlled substance with intent to distribute. Thomas contends the evidence failed to prove the police officer had probable cause to arrest him and that, for this reason, the trial judge erred in not suppressing his statements. We agree and reverse the conviction.

I.

When we review a trial judge's denial of a motion...

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