COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Willis and Bray 

Argued at Norfolk, Virginia 

ANDRE L. WILLIAMS 

v. Record No. 2216-94-1 OPINION BY 

 JUDGE JERE M. H. WILLIS, JR. 

COMMONWEALTH OF VIRGINIA NOVEMBER 21, 1995 

 FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS 

Randolph T. West, Judge 

 Benjamin M. Mason (Mason & Mason, on brief), 

for appellant. 

 Steven A. Witmer, Assistant Attorney General 

(James S. Gilmore, III, Attorney General, on 

brief), for appellee. 

 On appeal from his convictions of possession of cocaine with 

intent to distribute and importation of cocaine into the 

Commonwealth, Andre L. Williams contends (1) that the trial court 

erred in denying his motion to suppress the cocaine found on his 

person and (2) that the evidence is insufficient to prove he 

imported more than one ounce of cocaine into the Commonwealth. 

The judgments of the trial court are affirmed. 

 On both January 30 and February 6, 1993, Williams purchased 

a round-trip ticket from Newport News to New York City, all 

travel to be completed in one day. He paid cash for the tickets 

in five, ten and twenty-dollar used bills. He traveled under the 

names Johnson and Henderson, respectively. U.S. Air ticket 

agent, Brenda Rummings, recognized Williams and realized he was 

using different names. Her suspicion aroused, she reported this 
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information to her supervisor, Cathy Reiger. 

 Both Ms. Rummings and Ms. Reiger met with Officer Safranek 

of the airport police and gave him the information about 

Williams' travel and his description. Safranek went to the final 

check-in waiting area, where the two women pointed out Williams. 

 Safranek telephoned the Newport News Police Department and 

arranged to meet Sergeant Dawes from vice-narcotics at the 

airport at 8:00 p.m. They confirmed that Williams was on the 

return flight to Newport News and was wearing the clothing that 

Rummings had described. 

 After Williams disembarked from the plane, Safranek 

approached him and said, "Excuse me, Mr. Henderson. May I talk 

to you for a minute?" Williams' reply was not understandable. 

Safranek repeated his request. Williams replied, "No," gave a 

"head fake," and ran. He was caught by Sergeants Dawes and 

Davenport. Immediately upon being apprehended, Williams said, 

"It's in my coat pocket." Williams was removed to a prearranged 

area, where he was searched. A package wrapped in brown tape was 

removed from his sweatshirt pocket, and another package was 

removed from his crotch. Both packages contained cocaine. 

 Williams was advised of his Miranda rights. In response to 

the officers' questions, Williams 

 stated that the stuff was his, that he had gone to New 

York to pick it up, that he had gone up there with 

$10,000 and this was what he had come back with. He 

stated there was approximately 19 ounces of powder and 

one ounce of crack cocaine. . . . He also stated this 

was his second trip, that on the first trip, he brought 

back about half that amount. He stated . . . that he 
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carried all his business to Norfolk. 

 Sergeant Dawes testified that based on his fifteen years of 

experience working in narcotics and on several thousand arrests, 

he suspected narcotics activity after speaking with Safranek. He 

based his suspicion upon his knowledge (1) that New York was a 

source for narcotics, (2) that Newport News was used as an entry 

point for narcotics into the Commonwealth, (3) that the use of 

aliases was common among persons involved in drug activity, and 

(4) that paying cash in small bills for plane tickets was 

indicative of drug activity. Dawes also testified that the 

amount of cocaine found on Williams was inconsistent with 

personal use. 

 Williams contends that the trial court erred in denying his 

motion to suppress as evidence the cocaine found on his person. 

He argues that Safranek had neither reasonable suspicion to 

detain him nor probable cause to arrest him when approaching him 

in the passenger waiting area. However, Safranek's approach 

required neither predicate. "Law enforcement officers do not 

violate the Fourth Amendment merely by approaching an individual 

on the street, identifying themselves, and asking the individual 

questions." Buck v. Commonwealth, 20 Va. App. 298, 301-02, 456 

S.E.2d 534, 535 (1995) (citing Florida v. Royer, 460 U.S. 491, 

497 (1983)). Safranek effected no seizure by approaching 

Williams. He sought merely to engage Williams in a consensual 

encounter. 
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 Upon Safranek's inquiry, Williams ran. "Although flight 

alone may not supply sufficient reason to suspect a person of 

criminal activity, it may otherwise color apparently innocent 

conduct and, under appropriate circumstances, give rise to 

reasonable suspicion of criminal activity." Id. at 303, 456 

S.E.2d at 536. 

 Based on his experience as a narcotics detective, the 

information he received from Safranek, and the fact that Williams 

ran when approached by the police, Sergeant Dawes was justified 

in stopping Williams to investigate his activity. "Under those 

circumstances, the physical detention of [Williams] was 

reasonable and lawful." Id.

 After the officers restrained him, Williams immediately told 

them, "It's in my coat pocket." This information, along with all 

the other circumstances, gave the officers probable cause to 

believe Williams possessed narcotics, and justified his arrest 

and search without a warrant. "When an officer has probable 

cause to arrest a person, the officer may search the person 

. . . ." Id. at 304, 456 S.E.2d at 537. Therefore, the cocaine 

found on Williams' person was admissible at trial. 

 Williams next contends that the trial court erred in finding 

the evidence sufficient to support his conviction of transporting 

cocaine into the Commonwealth. He argues that no evidence proved 

that his flight was non-stop. Because Williams failed to make 

this argument at trial, we will not consider it on appeal. Rule 
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5A:18. 

 We affirm the judgments of the trial court. 

 Affirmed.