020771 Murphy v. Commonwealth 11/01/2002 In a narcotics prosecution, the trial court erred in denying the defendant's motion to suppress evidence of controlled substances seized from his person becaus

State: Virginia

Court: Supreme Court

Docket No: 020771

Case Date: 11/01/2002

Plaintiff: 020771 Murphy

Defendant: Commonwealth 11/01/2002 In a narcotics prosecution, the trial court erred in denying the defendant'

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All the Justices

PHILLIP JEROME MURPHY v. OPINION BY JUSTICE BARBARA MILANO KEENAN November 1, 2002 COMMONWEALTH OF VIRGINIA Record No. 020771

FROM THE COURT OF APPEALS OF VIRGINIA

In this appeal, we consider whether the Court of Appeals erred in affirming a defendant's convictions on the ground that evidence seized from his person was obtained after a lawful "pat down" search conducted incident to the execution of a search warrant at another person's residence. Phillip J. Murphy was indicted for possession of heroin with intent to distribute, second or subsequent offense, and for possession of cocaine with intent to distribute, second offense, in violation of Code

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