Elbert Lamont McCain v. Commonwealth of Virginia

Summary

The Supreme Court of Virginia affirmed McCain's convictions for possession of cocaine with intent to distribute and possession of a firearm while possessing cocaine with intent to distribute. The court held that Officer Thomas's request for identification did not effect a Fourth Amendment seizure, that the officer had probable cause to arrest McCain for carrying a concealed weapon based on the shadow of an arm, the sound of metal striking metal, and McCain's flight, and that the ensuing searches of McCain's person and car were lawful. The court also held the circumstantial evidence sufficient to support both convictions.