Commonwealth v. Baxter

During an encounter that was initially consensual, police had reasonable suspicion to conduct a protective search after the defendant refused to take his hands out of his pockets, which contained an L-shaped bulge. The officers – patrolling a high-crime, high-drug, gang-associated neighborhood – had a reasonable articulable suspicion of an illegally concealed weapon, justifying the investigatory stop. A subsequent Terry frisk was justified because officers reasonably concluded that the defendant was armed and dangerous.

Motion to suppress the recovered firearm denied.

Commonwealth v. Baxter, No. CR18-1840, Dec. 28, 2018. Norfolk (Lannetti).

Categories: Opinions, Virginia Circuit Courts

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