UPON A REHEARING EN BANC FROM THE CIRCUIT COURT OF SUSSEX COUNTY
COURT OF APPEALS OF VIRGINIA Present: Chief Judge Huff, Judges Frank, Humphreys, Felton, Kelsey, Petty, Beales, Alston, McCullough, Chafin and Decker
OPINION BY JUDGE D. ARTHUR KELSEY FEBRUARY 3, 2015
LOREN ANTHONY MASON, JR. v. COMMONWEALTH OF VIRGINIA
Record No. 1542-13-2 2015
“In this case, a police officer testified that, while operating a stationary radar unit, he saw a sedan with a “dangling object” that was “hanging from the rearview mirror.” App. at 24. The officer testified that he “saw it clearly” as the vehicle “went by” him at “approximately 2:30 in the afternoon.” Id. at 21, 31. The object, reproduced below, was admitted into evidence.
…Given these facts, we agree with the trial court that a reasonable officer could suspect that the opaque, five-by-three-inch parking pass dangling from a rearview mirror might violate Code § 46.2-1054 and thus warrant an investigatory stop.”