Opinion
Record No. 2247-92-1
Decided: July 12, 1994
FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS, Robert P. Frank, Judge
Affirmed.
William P. Robinson, Jr. (Robinson, Madison, Fulton Anderson, on brief), for appellant.
Kathleen B. Martin, Assistant Attorney General (Stephen D. Rosenthal, Attorney General, on brief), for appellee.
Present: Chief Judge Moon, Judges Coleman and Fitzpatrick
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
The decision of the trial court is affirmed because the record fails to show that the trial judge committed error in admitting evidence incident to the arrest of appellant, James O. Gittens.
Gittens conceded that the "informant's reliability was not an issue in the case," that he "did not have a problem with the stop," and that the police officer had "probable cause to enter and do a preliminary search to make certain that there [were] no weapons." After first fleeing from police in a high speed chase, Gittens was pulled over. Gittens struggled with the police when he was being removed from his car, and swung at one officer with his elbow and left arm. Gittens was then arrested. While he was lawfully searched incident to the arrest, the police found a spoon containing cocaine residue in his rear pocket. Accordingly, the evidence was lawfully seized and, therefore, admissible. See DePriest v. Commonwealth, 4 Va. App. 577, 583-84, 359 S.E.2d 540, 543 (1987), cert. denied, 488 U.S. 985 (1988).
Thus, Gittens's conviction of possession of cocaine is affirmed.
Affirmed.