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

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believe that Chisholm was planning a crime, and were unfamiliar with his criminal history. Therefore, under the circumstances, the only information available to the officers at the time of the seizure was their view of a bulge that might be a firearm. According to Chisholm, however, this Court’s precedent makes clear that possession of a firearm, standing alone, is not sufficient to establish reasonable suspicion under the Fourth Amendment to justify an investigative detention. Rather, there must be other indicators of criminality before officers may rely on the possession of a firearm in the reasonable suspicion analysis. He argued that because the officers’ only basis for detaining Chisholm was the possibility that he possessed a firearm, that fact, standing alone, was insufficient to establish reasonable suspicion under the Fourth Amendment. Accordingly, Chisholm asserted that the motion to suppress should be granted, the firearm recovered during the unlawful detention must be excluded from evidence, and the conviction for possession of a firearm by a violent felon should be dismissed. The trial court, however, rejected Chisholm’s argument. Instead, the court ruled in favor of the Commonwealth, finding the officers had reasonable suspicion to detain Chisholm based on the totality of the circumstances. The trial court determined that the seizure occurred when Officer McLaughlin grabbed Chisholm’s wrist and therefore relied on officers’ belief Chisholm possessed a firearm, along with his alleged nervous demeanor, his backward steps, and the characterization of the area as high crime. The court credited Officer McLaughlin’s and Officer Smith’s testimony that they observed an L-shaped bulge in Chisholm’s waistband consistent with a firearm. It also found that carrying a concealed firearm is presumably a misdemeanor unless one has a permit to carry under Code § 18.2-308. The court further considered the officers’ testimony that the encounter occurred in a high crime area known for violent offenses. The court also credited Officer Smith’s testimony that -5-
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