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Chisholm appeared visibly nervous and slowly backed away when approached and accepted the
officer’s characterization of that movement as indicative of pre-flight behavior. Thus, the court
found that the officers’ beliefs that Chisholm was carrying a firearm, combined with the high
crime nature of the area, and his demeanor and movement during the encounter, were sufficient
to establish reasonable suspicion under the totality of the circumstances.
On October 4, 2024, Chisholm entered a universal plea agreement encompassing five
charges. However, only the conviction for possession of a firearm by a violent felon is at issue
on appeal. As to that charge, Chisholm entered a conditional guilty plea pursuant to Code
§ 19.2-254. With the Commonwealth’s agreement, he preserved his right to appeal the trial
court’s denial of his motion to suppress the evidence underlying the firearm possession charge.
Pursuant to the agreement, Chisholm was sentenced to a mandatory minimum term of five years
of active incarceration, with an additional one-year suspended sentence, as required by Code
§ 19.2-295.2. On November 1, 2024, Chisholm filed his notice of appeal with this Court, and the
final sentencing order reflecting the conditional guilty plea was entered on November 12, 2024.
On appeal, Chisholm argues the motion to suppress should have been granted and the conviction
for possession of a firearm by a violent felon should be overturned.
ANALYSIS
“The constitutionality of a search under the Fourth Amendment ‘involve[s] questions of
both law and fact.’” Myers v. Commonwealth, 83 Va. App. 656, 664 (2025) (alteration in
original) (quoting Lawson v. Commonwealth, 55 Va. App. 549, 554 (2010)). “Appellate review
of a trial court’s denial of a defendant’s motion to suppress is de novo when the defendant claims
that the evidence sought to be suppressed was seized in violation of the Fourth Amendment.”
Glenn v. Commonwealth, 275 Va. 123, 130 (2008). However, when “reviewing a trial court’s
denial of a motion to suppress, ‘we determine whether the accused has met his burden to show
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