Free Newsletter
New information justified second frisk for firearm
The Court of Appeals of Virginia ruled police may conduct a second Terry frisk when new witness information creates reasonable suspicion of a firearm.
Search and Seizure: Search of devices containing child sexual abuse material upheld
Where a man indicted on multiple child pornography-related counts argued the search warrant affidavits omitted critical information that would have cast doubts on his estranged wife’s veracity, this argument failed.
Search and Seizure: Circuit court wrongly suppressed results of search
Where the investigatory stop and resultant detention did not exceed the reasonable limits, the circuit court erred in suppressing the evidence obtained following the stop.
Search and Seizure: Second frisk of defendant was reasonable
Where an officer arriving at the scene of an armed robbery initially frisked the defendant and found no weapons, but witnesses then identified him to a different officer as the individual who brandished the firearm in the store and described the weapon as one with an extended magazine, the second officer’s frisk was reasonable.
Search and Seizure: Court denies motion to suppress contents of Google account
Where the defendant argued that his records were seized when Google preserved them for several months at the request of the government, his motion to suppress was denied. Google did not become a state actor just because it complied with the preservation requests.
Search and Seizure: Missing affidavit isn’t fatal
Although the affidavit could not be located in the clerk’s office, where the officer testified the affidavit he filed with the clerk’s office was the original on which the search warrant was based, he provided a copy to the public defender’s office, he was cross-examined about its contents and the circuit court found the copy was not “illegible or not readable,” it did not err in finding[...]
Search and Seizure: Firearm defendant’s motion to suppress is denied
Where the police did not seize a man before a firearm was discovered in plain sight, his motion to suppress was denied.
Search and Seizure: Search of bedroom was within scope of warrant
Where the warrant authorized the search of the entire house, and nothing about the first-floor bedroom distinguished it as a discrete area that was not accessible to the target of the warrant or subject to search under the warrant, the motion to suppress filed by the occupant of that bedroom was denied.
Search and Seizure: Police lacked probable cause to search vehicle
Although the defendant did not immediately stop his car; he was nervous, sweaty and possessed a large amount of cash and a torn lottery slip and lit a cigar during the stop and admitted that he had smoked marijuana earlier that day, that was insufficient for probable cause to search the vehicle.
Supreme Court upholds admissibility of drugs seized from defendant’s underwear
Virginia Supreme Court rules police search of drugs in suspect’s underwear during traffic stop was legal under Fourth Amendment standards.
Search and Seizure: Warrant authorized search and seizure of cellphone audio files
Where an affidavit seeking a warrant to search a cell phone specifically included “audio files” among the items to be seized and searched, and the resulting warrant allowed law enforcement to search “[a]ll stored electronic data, residing on aforementioned cellphone to include all media and photographic media,” the search did not exceed the scope of the warrant.
Search and Seizure: Cellphone search was lawful
Where a man argued his Fourth Amendment rights were violated when his probation officer directed him to return home, so he would be present while law enforcement executed a warrant, which allowed the government to seize and search his cellphone, his argument was rejected.
Verdicts & Settlements
- Medical Malpractice-Patient dies following blood loss in surgery $2.05 million settlement
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
Opinion Digests
- Fraud – Homeowners’ RICO claim is dismissed
- Criminal – Sex-offender convicted of providing false information
- Evidence – Defendants must respond to post-judgment discovery
- Patent and trademark – Several claims found to be ineligible for patent protection
- Criminal – Evidence supports robbery conviction
- Administrative – Internal Communications Among Patent Judges – Withheld Materials
- Criminal – Denial of continuance wasn’t abuse of discretion
- Criminal – Felony eluding conviction violated Double Jeopardy clause
- Criminal – Defendant was wrongly convicted of two counts of hit-and-run
- Criminal – Sexually-violent predator denied conditional release
- Constitutional – Redistricting effort violated Virginia Constitution
- Search & Seizure – Warrantless search of vehicle excused by protective sweep exception
