Frazier v. Commonwealth
Annotate this CaseAfter a jury trial, Defendant was convicted of tampering with physical evidence, possession of drug paraphernalia, criminal littering, and carrying a concealed deadly weapon. The court of appeals reversed and remanded Defendant's criminal littering conviction but otherwise affirmed. Defendant sought discretionary review, challenging the constitutional validity of the initial traffic stop, the pat-down of his person, and the vehicle search which led to the evidence supporting his convictions. The Supreme Court reversed and remanded, holding (1) Defendant was arrested after the officer conducted an unlawful Terry pat-down of his person, resulting in the discovery of a bag of marijuana; and (2) therefore, the vehicle search incident to the unlawful arrest was also unlawful.
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