COURT OF APPEALS OF VIRGINIA

Present: Judges Baker, Willis and Bray Argued at Norfolk, Virginia

STEPHEN LEROY HOBBS, JR. MEMORANDUM OPINION * BY v. Record No. 1262-96-1 JUDGE JERE M. H. WILLIS, JR. APRIL 1, 1997 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH A. Bonwill Shockley, Judge I. Lionel Hancock, III (Bohannon, Bohannon & Hancock, P.C., on brief), for appellant.

Marla Graff Decker, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

The judgment of the trial court is affirmed.

Officer DePew lawfully stopped Hobbs' vehicle to issue him a summons for an unquestioned violation of a City ordinance.

After being stopped, Hobbs voluntarily consented to the search of his automobile. The validity of that consent is not at issue. Thus, the search was not unconstitutional. Schneckloth v. Bustamonte, 412 U.S. 218, 222 (1973). See also Lowe v. Commonwealth, 218 Va. 670, 678, 239 S.E.2d 112, 117 (1977).

On appeal, Hobbs contests the validity of his pat-down by Officer DePew. However, that frisk produced no incriminating evidence and is neither claimed by Hobbs, nor shown by the record, to have influenced Hobbs' consent to the search of the * Pursuant to Code § 17-116.010 this opinion is not designated for publication. car. Therefore, the validity of the frisk is not a dispositive issue in this appeal.

The judgment of the trial court is affirmed.

Affirmed.

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