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Tag Archives: Criminal Law

First impression: Exigent circumstances supported warrantless cell phone ‘ping’

Exigent circumstances supported a warrantless request to a cellphone provider for a “ping” of the defendant’s cellphone, the 4th U.S. Circuit Court has held in a matter of first impression. Prosecutors had argued the man’s violent criminal history and armed ...

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Probable cause to arrest for driving under the influence

An officer had probable cause to arrest defendant for driving under the influence based on signs that defendant’s alcohol consumption observably affected his “his manner, disposition, speech, muscular movement [and] general appearance or behavior.” Further, despite defendant’s arguments to the ...

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Defense counsel has no conflict of interest

Where counsel for a defendant accused of money laundering never formed an attorney-client relationship with another defendant, never obtained any privileged information from that defendant nor was ever consulted or communicated with his lawyer, there was no conflict of interest ...

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Three directions: Court splits on confrontation challenge

The judges of the Virginia Court of Appeals went in three different directions in analyzing when a document – a signed proof of service – can take the place of live testimony to prove violation of a criminal statute. At ...

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