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Search and seizure

Aug 8, 2022

Evidence from search properly suppressed

The Court of Appeals of Virginia upheld a decision by a circuit court to grant a motion to suppress evidence filed by a man searched by police who claimed he could not validly consent to the search. The court ruled that the responding officer violated the Fourth Amendment when he committed an illegal seizure by […]

Feb 28, 2022

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 threats of harm to civilians and police allowed them to consider the defendant “an extreme […]

4th U.S. Circuit Court of Appeals
Aug 24, 2020

4th Circuit clashes over ‘exigent circumstances’ doctrine

Charges against a Virginia man who was subjected to a warrantless search and seizure will be dropped after a full panel of the 4th U.S. Circuit Court of Appeals ruled that the search violated in the Fourth Amendment in a case that prompted an unusually chippy back-and-forth between the judges amid a flurry of dissenting […]

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