Parker v. Commonwealth (2000)
In Parker v. Commonwealth, 255 Va. 96, 496 S.E.2d 47 (2000), a police officer, driving a marked police vehicle, followed Parker for approximately forty feet on private property after it became clear that Parker was trying to avoid the police. Id. at 99, 496 S.E.2d at 49.
The officer stopped the car where Parker was standing. Id.
In finding a seizure, the Supreme Court distinguished its holding in Baldwin, 243 Va. 191, 413 S.E.2d 645, because the officer in Baldwin called the suspect to the police cruiser rather than following him. Id. at 103, 496 S.E.2d at 51.
In Parker, the Court stated, "Without question, Officer Kurisky's acts constituted a show of authority which restrained the defendant's liberty." Id.