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Chisholm v. Commonwealth — Court of Appeals opinion, Record 1830-24-1

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evasive behavior. As a result, the trial court concluded these circumstances, considered together, established reasonable suspicion sufficient to justify the detention. Officers recovered a firearm from Chisholm’s person and arrested him for possession of a firearm by a violent felon, in violation of Code § 18.2-308.2. Accordingly, Chisholm appeals the trial court’s denial of his motion to suppress the evidence underlying that conviction. Because at the moment of seizure officers possessed very few particularized, objective facts linking Chisholm to criminal activity, the trial court erred in finding reasonable suspicion. Instead, under these circumstances, we find that firearm possession, presence in a high crime area, commonplace nervous reactions, and non-evasive movement did not establish reasonable suspicion to justify the detention. Accordingly, the trial court’s ruling must be reversed. BACKGROUND On June 28, 2023, at approximately 6:00 p.m., while driving a marked patrol vehicle, Officer McLaughlin3 of the Newport News Police Department, observed the appellant, Marquis Donte Chisholm, Jr., exiting a corner store. While driving, Officer McLaughlin observed Chisholm from approximately 10 to 15 feet away and noticed a bulge in the front waistband of Chisholm’s jeans that appeared to be an imprint of a firearm. Chisholm and his friend were walking in the southeastern portion of Newport News, described as a high crime area known for gang activity, shootings, robberies, malicious woundings, and aggravated assaults. Chisholm was carrying a gallon of milk and started walking down the sidewalk with a friend in daylight. During that time, Officer McLaughlin had not received any calls from the public indicating that a crime was occurring in the area and did not believe that Chisholm or his friend were planning to commit robbery, burglary, or any other crime. Officer McLaughlin did not know Chisholm nor have any familiarity with his criminal history. Based on his training and 3 None of the officer’s first names were identified in the record. -2-
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