Officers’ recollection that a strong marijuana odor emanated from a vehicle wasn’t consistent with video of their search: The car doors were closed, the marijuana discovered was raw and enclosed, and the officers never mentioned the odor before the search. ...

Tagged with: Constitutional Criminal Judge David W. Lannetti Norfolk Circuit Court Search & Seizure Virginia Circuit Courts

The district court did not err in dismissing an inmate’s Eighth Amendment claims or in declining to appoint counsel, but remand is necessary because the lower court failed to address the plaintiff’s state-law medical malpractice claims. Background Plaintiff Steven Banks ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Albert Diaz Personal Injury

An officer violated the Fourth Amendment in shooting a suicidal man who had a knife but was threatening only himself. The officer was entitled to qualified immunity, but the unconstitutionality of his actions is clearly established as of the date ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Diana Gribbon Motz Personal Injury Search & Seizure

Based on her responsibilities as set forth in the Virginia Code, a school board’s Director of Budget & Finance was a “public official” who had to show actual malice to prove that a TV news station defamed her. She failed ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Defamation Employment First Amendment Judge Henry F. Floyd Personal Injury Tort

A company waived the confidentiality of its business information presented at trial. First Amendment principles and the company’s failure to follow Local Rule 5(C) also weighed against sealing the records. Background In this products liability action, a jury trial was ...

Tagged with: Business Law Civil Procedure Constitutional First Amendment Judge Robert E. Payne Public Records U.S. District Court - Eastern District

Petitioner Darryl S. Jackson Jr. seeks a writ of habeas corpus on grounds that his trial counsel inadequately challenged the sufficiency of the evidence that he possessed a firearm as a person convicted of a felony under Code § 18.2-308.2. ...

Tagged with: Constitutional Criminal Per Curiam Opinion Supreme Court of Virginia

After credit cards were fraudulently opened in their names, a class of optometrists alleged an injury in fact traceable to their professional organization. Background In July 2016, optometrists across the nation noticed that Chase Amazon Visa credit card accounts had ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Contract Judge Robert B. King Standing Tort

Applying the U.S. Supreme Court’s recent decision in Collins v. Virginia, a warrantless arrest in an area of the suspect’s driveway beyond the walkway to the front door was within the home’s curtilage and, thus, improper under the Fourth Amendment. ...

Tagged with: Constitutional Criminal Fairfax County Circuit Court Judge David Bernhard Search & Seizure

After taking a homebuyer’s account of foreclosure purchase at face value, a sheriff and his subordinates may go to trial for events that transpired when they accompanied her to the home to remove the previous owners. Background Plaintiffs James and ...

Tagged with: Civil Rights Constitutional Due Process Judge Jackson L. Kiser Personal Injury Search & Seizure Tort U.S. District Court - Western District

The trial court erred in granting the defendant’s motion to suppress evidence. His resistance to the efforts to handcuff him provided probable cause to arrest for obstruction of justice, thereby legitimizing the search of his person and the bundle he ...

Tagged with: Constitutional Criminal Judge Marla Graff Decker Search & Seizure Virginia Court of Appeals