COMMONWEALTH v. McCLEAN, 1477-95-1, Unpublished (Va.App. 2-13-1996)

COMMONWEALTH OF VIRGINIA v. LOUIS BERNARD McCLEAN

Record No. 1477-95-1Court of Appeals of Virginia.
February 13, 1996

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the Circuit Court of the City of Norfolk, Lydia Calvert Taylor, Judge.

Leah A. Darron, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellant.

Michael J. Woods (Wilcox Woods, P.C., on brief), for appellee.

Before Judges Baker, Annunziata and Senior Judge Hodges.

MEMORANDUM OPINION[*]

[*] Pursuant to Code § 17-116.010 this opinion is not designated for publication.

JUDGE JOSEPH E. BAKER.

In this appeal from the Circuit Court of the City of Norfolk (trial court), the Commonwealth contends that the trial court erroneously sustained the motion of Louis Bernard McClean (appellee) to suppress evidence obtained from appellee’s person during a police search.

We have reviewed the record and, for the reasons set forth in the opinion of the trial court, agree that the search of appellee conducted by Officer Eicher violated appellee’s Fourth Amendment rights.

Accordingly, the judgment of the trial court is affirmed.

Affirmed.