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Tag Archives: Supreme Court of Virginia

Search & Seizure – Valid Traffic Stop – Pat-Down – Wallet Seizure (access required)

An officer’s illegal seizure of defendant’s wallet during a pat-down after a legal traffic stop did not illegally extend the duration of the stop, the Supreme Court of Virginia says, as police were trying to determine defendant’s identity. The experienced ...

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Criminal – Civil Commitment – Sexually Violent Predator – Prior Dismissed Charge (access required)

In determining whether defendant is a sexually violent predator under Va. Code § 37.2-900, a trial court did not err, the Virginia Supreme Court says, in refusing to strike the testimony of a mental health expert who relied on a ...

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Zoning – Building Height – Uniformity Requirement (access required)

A developer loses his challenge to a Falls Church zoning ordinance that establishes different building height regulations on one-family dwellings in the same zoning district; the ordinance does not violate Va. Code § 15.2-2282, and the Supreme Court of Virginia ...

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Negligence – Sovereign Immunity – Estate Administrators – Pro Se Status (access required)

In appeals of defense verdicts from a trial arising out of an automobile collision that caused both a personal injury and a fatality, the Supreme Court of Virginia dismisses the appeal of the decedent’s estate because the administrators filed the ...

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Negligence – Rescue Doctrine – Victim’s Intoxication – Rescuer’s Conduct (access required)

Where a victim-defendant was placed in peril through his own negligence and a would-be-rescuer-plaintiff was injured trying to aid the victim, the Supreme Court of Virginia holds that evidence of the victim’s intoxication was properly excluded as irrelevant and immaterial ...

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Negligence – Moonlighting Officer – Fatal Shooting – Public Function (access required)

Where an off-duty city police officer providing security at an IHOP restaurant followed customers into the parking lot because they had not paid for their food, and then shot and killed one of them as their car sped toward him, ...

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