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

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reasonable inference of criminal activity. Accordingly, Chisholm’s slow backward steps carry little, if any, weight in the reasonable suspicion analysis. Lastly, in its brief and during oral argument, the Commonwealth argues that several of our cases are analogous to this case. However, once examined individually, they are not alike, and those cases involved materially stronger evidence supporting reasonable suspicion to conduct detentions. The Commonwealth argues that our case is analogous to Andrews v. Commonwealth, 37 Va. App. 479 (2002). However, in that case, the officers developed reasonable suspicion to detain and pat-down because, unlike his two companions, the defendant refused to stop, gave dubious answers regarding his age and residence, attempted to conceal an object in his pocket, and appeared to be carrying a heavy object. Id. at 486. In contrast, Chisholm complied with the officers’ request to stop, remained with his companion, did not attempt to conceal any objects in his pockets, and did not give any dubious answers. Similarly, the Commonwealth’s reliance on Miles v. Commonwealth, slip op. at 4 (Ct. App. Feb. 11, 2014), is misplaced. In Miles, we affirmed the trial court’s finding of reasonable suspicion to conduct a detention, pat-down, and search. Id. at 8-9. There, officers were investigating whether the defendant was trespassing at an apartment complex around 3:00 a.m., observed him turn the right side of his body to conceal something in his pocket, and obtained his consent to search after he raised his arms in response to an officer’s inquiry about weapons. Id. at 2-4. Here, by contrast, Chisholm was walking down a public street in broad daylight at approximately 6:00 p.m., was not observed or suspected of committing any crime, did not attempt to conceal any object, and did not consent to a search. Likewise, Beasley v. Commonwealth, 60 Va. App. 381, does not support the Commonwealth’s position. There, the defendant parked his vehicle at an apartment complex - 23 -
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