INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text · Page 4 of 25

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

Text from the approved public copy. Page numbers follow the PDF sequence.

Open Source Document

This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.

At that moment, Officer McLaughlin arrived on the scene and began approaching Chisholm from behind. As Chisholm slowly backed away from Officers Smith and John, Officer Smith told him that he was “backing up into [his] partner,” Officer McLaughlin. Officer McLaughlin then grabbed Chisholm’s wrist and informed him that he was being detained. However, both Officers Smith and McLaughlin testified that Chisholm never attempted to flee at any point during the encounter or detention. During the detention, Officer Smith used the back of his hand to touch Chisholm’s waist in the area of the bulge where he believed the firearm was located. When tapping the bulge, he felt a sharp, hard object that was consistent with a firearm. Afterwards, he lifted Chisholm’s shirt, found the firearm, and removed it from his person. Officers arrested Chisholm, who entered a conditional guilty plea to possession of a firearm by a violent felon, in violation of Code § 18.2-308.2. TRIAL COURT’S RULING At the suppression hearing, Chisholm argued that the officers lacked reasonable suspicion to conduct an investigative detention because, at the moment of seizure, they possessed no specific and articulable facts indicating that he was engaged in criminal activity. Chisholm contended that the seizure occurred when the officers approached him and asserted their authority by announcing their intent to search him, not later when physical force was applied. As a result, any alleged nervousness or evasive, pre-flight behavior that occurred after the officers’ show of authority could not be considered in the reasonable suspicion analysis. Thus, at the time officers detained him, the only information they had was viewing a bulge that might be a firearm. Furthermore, he argued that presence in a high crime area added little, if any, weight to the analysis because it is a generalized factor that cannot substitute for individualized suspicion. Moreover, the officers received no calls for service, observed no criminal conduct, did not -4-
Jump to an indexed page (25 of 25)

Report a privacy or text-extraction issue through publication requests.