The defendant was convicted of possessing heroin and a firearm while in possession of heroin, and possessing a firearm as a convicted felon. He appealed the verdict, claiming that the trial court made several errors, including denying his motion to suppress the heroin and gun, and finding him guilty of possessing a firearm while in possession of heroin and possessing a firearm by a convicted felon. The court ruled that the defendant lacked standing to challenge the search of the vehicle and that the police were allowed to detain the defendant and passengers during a traffic stop without cause to believe any occupant of the vehicle is involved in criminal activity. The court found that the appellant constructively possessed the firearm found under the seat and was properly convicted.
Atkins v. Commonwealth (2010)
Court of Appeals of Virginia
57 Va. App. 2, 698 S.E.2d 249
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