Whitaker v. Commonwealth – July 14, 2009

Whitaker consented to talk with officers, but then fled. CAV found that Whitaker’s flight combined with his presence in a high crime/drug area provided officers reasonable suspicion to stop him. CAV also found Whitaker spontaneously told police he was armed. Whitaker appeals those judgments. Suspension revocation issue turns on disposition of the other issues on appeal.

From
The Court of Appeals of Virginia (unpublished decision).

Counsel
Jessica M. Bulos [Office of the Appellate Defender] for appellant.

Leah A. Darron [Office of the Attorney General] for appellee.

Assignments of Error

1. The trial court and Court of Appeals erred by holding that Whitaker’s conduct constituted headlong flight providing reasonable articulable suspicion to seize him.

2. The trial court erred by denying the motion to suppress, and the Court of Appeals erred by affirming that denial, when the police lacked reasonable articulable suspicion to seize Whitaker.

3. The Court of Appeals erred by failing to reach the issue, and by failing to find that, even if the police had reasonable articulable suspicion to seize Whitaker and retrieve the firearm, the seizure of the marijuana and cocaine was not justified as a search incident to a lawful arrest.

4. The trial erred by revoking Whitaker’s previously suspended sentences, and the Court of Appeals erred by affirming the revocation, where the revocation was based on the new convictions at issue in this appeal and those convictions should be reversed.

Date Granted
7-8-2009