LEGAL WRITING IN-CLASS PROJECT

Write a memo on the following factual scenario using the two cases which follow, Adams v. Commonwealth, 12 Va. App. 37 (1991) and Nelson v. Commonwealth, 24 Va. App. 823 (1997).

Our client, Kevin O=Rourke, age 18, was leaving a movie theater with a female companion on Friday, March 22, 1998 at approximately 10:15 p.m.

As they reached his car, which was parked in the parking lot of the movie theater, a police officer drove up and thereby blocking his exit. The officer then ordered both our client and the young woman to stand up against the car and proceeded to frisk them. The officer removed a small amount of marijuana from the windbreaker that our client was wearing.

The officer told our client that he was called by the movie theater manager, who pointed him out as acting somewhat strange, as though under the influence of liquor or drugs. The officer also noted that it appeared to him that he was walking a bit unsteadily as he approached his car.

The officer further stated that he thought it was a bit odd that our client kept both hands in his jacket pocket while the officer first approached him. According to the officer, this gave his reason to believe that he might have some sort of weapon that he was trying to conceal.

Was the officer=s stop and frisk of our client legal under the principles set out in the two cases above?