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Tag Archives: Search & Seizure

Search & Seizure – Traffic Stop – Passenger’s Gun – Pants Pocket (access required)

A passenger who was ordered out of a car after a valid traffic stop could not suppress the revolver seized from his pants pocket after he assaulted a deputy, and the 4th Circuit upholds the passenger’s conviction for possession of ...

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Woman has no claim against peeping police, 4th Circuit rules

Voyeuristic police officers who passed around revealing photographs discovered on a defendant’s cellphone are not subject to a civil rights suit by the defendant’s girlfriend, pictured in the photos. The 4th U.S. Circuit Court of Appeals Wednesday rejected the appeal ...

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Search & Seizure – Vehicle Search – Miranda Warnings (access required)

Prosecutors cannot use defendant’s statement that he owned a white pickup truck parked nearby in his drug prosecution because the detectives did not give defendant Miranda warnings, but the Norfolk U.S. District Court will wait until trial to decide whether ...

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Search & Seizure – Vehicle Stop – Detention – Drug Dog (access required)

A trooper did not violate the Fourth Amendment when, after issuing a driver a warning about his window tint and questioning the driver and his passenger on matters unrelated to the traffic stop, the trooper briefly detained defendant and called ...

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Search & Seizure – Administrative – Mine Safety – Qualified Immunity (access required)

A slate mining company cannot sue Virginia’s mine safety agency for warrantless administrative searches, says a Lynchburg U.S. District Court; although the authorizing state statute allows warrantless inspections after complaint, inspections are limited to surface mines, on complaints of health ...

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Search & Seizure – Terry Stop – Pocket Pat-Down – Probable Cause (access required)

Police investigators who followed defendant after observing him in a suspected drug transaction in an area known for illegal drug activity and who searched defendant’s car with his consent could be subjected to a pat-down after he repeatedly put his ...

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Search & Seizure – Probable Cause – Suspected Drug Sale (access required)

An experienced narcotics officer’s observation of defendant engaging in a hand-to-hand transaction involving what appeared to be crack cocaine was part of the total circumstances that provided probable cause to arrest defendant and search his vehicle, and the Court of ...

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