Quantcast
Home (page 22)

Tag Archives: Search & Seizure

Search & Seizure – Investigatory Stop – Public Housing – Trespass (access required)

When officers seized defendant as he began walking away from a posted public housing project, they recognized him from previous encounters, he was on private property, in a high-crime area, and had made furtive gestures, and the Court of Appeals ...

Read More »

Search & Seizure – Traffic Stop – Crossing Double-Yellow Line (access required)

Although defendant alleged police officers wanted to search for drugs when they stopped his vehicle for crossing a double-yellow line, requested identification, asked to search and brought out a drug dog, the objective facts authorized the officers to stop the ...

Read More »

Search & Seizure – Warrantless Entry – Home For Sale – ATF Agent – Buyer (access required)

Although an agent for the Bureau of Alcohol, Tobacco & Firearms first entered a home, which was for sale, by visiting with the real estate listing agent, the ATF agent did not violate defendant’s Fourth Amendment rights by entering the ...

Read More »

Search & Seizure – Invalid Warrant – Officer Affidavit – Trash Pull (access required)

A Roanoke City Circuit Court grants a motion to suppress, as the detective’s affidavit in support of the search warrant was arguably a “bare-bones” affidavit, that leaned heavily on the presence of baggies with cut-off corners found in defendant’s trash ...

Read More »

Search & Seizure – Traffic Stop – Anonymous Tip – Outstanding Warrants (access required)

The Supreme Court of Virginia affirms defendant’s conviction on cocaine and marijuana charges, based on evidence discovered pursuant to a traffic stop police made after they got an anonymous tip that a black male, about 5’7” to 5’9”, with outstanding ...

Read More »

Search & Seizure – Warrantless Entry – Wandering Child – Exigent Circumstances (access required)

The 4th Circuit says an officer who entered a home in response to a call to assist a four-year-old child who was wandering along a busy street did not violate the Fourth Amendment when he entered the house with the ...

Read More »

Search & Seizure – Probable Cause – Public Intoxication Arrest – Cocaine (access required)

An officer had probable cause to arrest defendant for public intoxication, based on booze on his breath, his bloodshot eyes and belligerent conduct, and the search of his vehicle incident to his arrest was correct on the law at the ...

Read More »

Search & Seizure – Felon In Possession – ‘Right Result, Wrong Reason’ Doctrine (access required)

Applying the “right result, wrong reason” doctrine, the Supreme Court of Virginia reverses a firearms conviction because it was error to affirm denial of a suppression motion on the ground that defendant consented to the seizure of a gun and ...

Read More »