Court of Appeals of Virginia

The Virginia Court of Appeals reversed a circuit court suppression order, holding that a traffic-stop officer had reasonable articulable suspicion to frisk a motorist’s crossbody bag where the officer—an experienced firearms instructor—observed a rectangular, anchored imprint consistent with a handgun slide, combined with the suspect’s denial, nervous behavior, and resistance to exiting the vehicle. Unreported opinion citable as persuasive authority.

The Virginia Court of Appeals affirmed a murder conviction obtained at retrial after a Brady violation, holding that dismissal of an indictment is available only where the violation causes irreparable prejudice or reflects a pattern of egregious prosecutorial misconduct—neither of which was present here where retrial gave the defense full opportunity to cross-examine the affected witness on the undisclosed agreement. The court also held that a Brady violation alone does not disqualify the prosecutor’s entire office.