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Entries Tagged as 'Search and Seizure'

U.S. Supreme Court muddies the waters for traffic stops

April 22nd, 2009 · 1 Comment · Search and Seizure

Prosecutors are disappointed to find former friends Antonin Scalia and Clarence Thomas in the majority yesterday with a case that limits when police can search the car of someone arrested at a traffic stop. The U.S. Supreme Court ruled in Arizona v. Gant that  police need a warrant to search the vehicle of someone they [...]

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Warrantless GPS tracking approved

August 6th, 2008 · Comments Off · Search and Seizure

Arlington County Circuit Judge Joanne Alper ruled that there was no 4th amendment violation when, without a warrant, police attached a GPS tracking device to a suspect’s van and followed his travels around the community. According to the Arlington Connection, the judge will allow the GPS tracking data as evidence against a man charged in [...]

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Inquiring nostrils want to know

April 10th, 2008 · Comments Off · Search and Seizure

For suspects who weren’t sure, you have no privacy interest in the way you smell. The Virginia Court of Appeals didn’t have to hold its nose to embrace the “plain smell” doctrine, which gives cops the right to go into your pockets if you smell like marijuana. “While some have questioned our willingness” to embrace [...]

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Officer Scalia?

January 14th, 2008 · Comments Off · Search and Seizure, U.S. Supreme Court

Our DC-based colleague over at Lawyers USA, Kim Atkins, was down at the U.S. Supreme Court today, listening to argument in a case from Portsmouth, Virginia v. Moore. It’s a search case that has already been through the Supreme Court of Virginia, where the defendant prevailed. But 18 attorneys general from other states have backed [...]

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No privacy expectation in friend’s apartment

July 3rd, 2007 · Comments Off · Search and Seizure

Home is not where your Nintendo is, according to the 4th U.S. Circuit Court of Appeals. Two men who sold cocaine together in Huntington, W.Va., were more than business partners. Joshua Gray and Terrence Askew hung out together at Gray’s apartment, watching TV and playing video games. Askew even kept a change of clothes and [...]

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Folded-up bill wasn’t origami; search upheld

March 26th, 2007 · Comments Off · Criminal Cases, Search and Seizure, Virginia Court of Appeals

To an experienced narcotics detective, a dollar bill folded in a certain way can only mean drugs. A defense lawyer tries to get the fact-finder to see other possibilities. In Snell v. Commonwealth, police found a folded-up dollar bill in the wallet of a runaway kid. Unfolding the bill, which contained cocaine, was an unlawful [...]

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