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Present: Hassell, C.J., Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Carrico, S.J. JAMES PERRY v. Record No. 092418 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA In this appeal, we consider whether the Court of Appeals erred when it affirmed the trial court's denial of James Edward Perry's ("Perry") motion to suppress and his conviction for possession of phencyclidine ("PCP"). I. Facts and Proceedings Below

OPINION BY JUSTICE DONALD W. LEMONS November 4, 2010

At approximately 2:00 a.m. on the morning of October 15, 2006, Trooper Clinton A. Weidhaas ("Trooper Weidhaas") was traveling on Interstate 66 in Arlington County when he noticed a vehicle with its emergency flashers activated parked on a "pretty well lit" area of the right shoulder. With the

intention of assisting the occupants, Trooper Weidhaas pulled off the interstate with his emergency equipment activated, and he exited and approached the vehicle. Upon reaching the vehicle, Trooper Weidhaas observed that all four windows and the sunroof were open, and he "detected a strong odor of marijuana coming from that vehicle." vehicle had three occupants: The

Valdemere Perry ("Valdemere") was

the driver of the vehicle, Maurice Sprurgeon ("Sprurgeon") was the front-seat passenger, and Perry was in the back seat.

Upon checking Valdemere's driving record, Trooper Weidhaas discovered that Valdemere's license was suspended. Trooper

Weidhaas called for a back-up unit; this second trooper watched Valdemere from behind the vehicle. Sometime thereafter,

Trooper Weidhaas approached Sprurgeon, whose demeanor Trooper Weidhaas described as "visibly impaired." "He wasn't very

responsive" to questions, he was "somewhat slow [and] slow to react," "unsteady, [and he] had a hard time keeping his balance." Trooper Weidhaas initially suspected that Sprurgeon

was "under the influence of something, either marijuana or something stronger, [such as] PCP, because he was definitely not coherent." Trooper Weidhaas asked Sprurgeon to exit the vehicle. he did, Trooper Weidhaas saw "a small vial with an orangereddish cap come out of [Sprurgeon's] right hand in a throwing motion, onto the ground." Upon hitting the ground the cap came As

off, and Trooper Weidhaas observed "a dark plant-like material" that appeared as if it "had been soaked in something." Weidhaas expressed his concern that there were only two troopers present at the scene, while "[t]here [were] three of them." He expressed particular concern that "[t]hey could Trooper

overpower the officer and all the weapons that we have to defend ourselves may not work on some [people under the influence] of these certain types of drugs [such] as PCP." He

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further indicated a concern that these suspects, if under the influence of such substances, would "have no pain whatsoever" and "can go from being at a low to a high, high strung, in a matter of minutes." While unable to recall the exact time of

arrival, Trooper Weidhaas testified that a third trooper arrived sometime during or after his interaction with Sprurgeon. Trooper Weidhaas placed Sprurgeon under arrest "for possession of a controlled substance." When asked whether he

had "smoked anything tonight," Sprurgeon admitted that he had "smoked some PCP earlier." A field test of the substance in

the vial recovered from Sprurgeon returned positive results for both PCP and marijuana. Finally, Trooper Weidhaas approached Perry, whose demeanor he described as "exactly like Sprurgeon's." Perry was "[s]low

to respond," "[n]ot very coherent," and "[u]nsteady when I got him out of the car." Once Perry was out of the vehicle,

Trooper Weidhaas "got him up to the front of the car and did a patdown for weapons." When performing a pat-down on suspects,

Trooper Weidhaas stated that he "squeeze[s] their pockets as well." In Perry's front pocket, Trooper Weidhaas detected "a bundle," which he described as a "bulge" that had the "same size, same round feeling, [and] same length as the vial that

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was previously thrown on the ground [by Sprurgeon]."

On cross

examination, Trooper Weidhaas testified that he detected the bulge in Perry's pocket "between [his] thumb and . . . index finger," and he felt it "[s]omewhere between two and three" times. Trooper Weidhaas then asked Perry, "[w]ould you mind showing what's in your pockets," and Perry "took his right hand, reached down in his pocket" and produced "the same type [of] vial." When asked about the vial's contents, Perry Perry also admitted to

responded that it contained marijuana. smoking PCP earlier that night. Perry under arrest.

Trooper Weidhaas then placed

Prior to his trial for possession of PCP in violation of Code

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