Richmond v. Commonwealth
In Richmond v. Commonwealth, 22 Va. App. 257, 261, 468 S.E.2d 708, 710 (1996), a uniformed deputy approached Richmond as he was seated in his parked vehicle at a gas station and asked for Richmond's driver's license. See id. at 259, 468 S.E.2d at 709.
Richmond complied and waited while the deputy ran a record check at his police vehicle. See id.
Upon returning to Richmond's car, the deputy observed drug paraphernalia inside the vehicle. See id.
The Court held that Richmond had been seized before the officer observed the drug paraphernalia because "a reasonable person in Richmond's circumstances would not have believed that he could terminate the encounter once the officer retained the driver's license and returned to his police vehicle to run a record check." Id. at 261, 468 S.E.2d at 710.
The Court also noted that, "as a practical matter, if Richmond left the scene in his vehicle while the deputy had his driver's license, Richmond would have violated Code 46.2-104, which prohibits a vehicle operator from driving without a license." See id.