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Search after warrant was issued was proper
Plaintiff was not subjected to an illegal search and seizure in violation of her Fourth Amendment rights when officers conducted a search of her home and interviewed her because it was clear that the search occurred after the warrant had been issued and the officers made clear that plaintiff was not under arrest during the […]
Evidence from warrantless vehicle search in driveway admissible
Although the U.S. Supreme Court has held that the Fourth Amendment’s automobile exception does not permit a police officer who lacks a warrant or an invitation to enter a home’s curtilage to search a parked vehicle, evidence seized under those circumstances in this case is admissible under the good-faith exception to the exclusionary rule. Background […]
Gun admissible after stop and frisk in high-crime area
Where police saw defendant in a high-crime area and noticed a bulge under his jacket, they were justified in performing a Terry stop-and-frisk after he refused to remove his hands from his pockets. A firearm found during the search is admissible evidence. The police were not first required to ask defendant if he had concealed […]
Important Opinions January – December 2018
The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, arranged by practice area, of the most Important Opinions of 2018, January to June. ADMINISTRATIVE […]
Post-stop consent to search vehicle was valid
After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, and the trial court erred in suppressing the resulting contraband. Background During a traffic stop […]
Post-stop consent to search vehicle was valid
After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, and the trial court erred in suppressing the resulting contraband. Background During a traffic stop […]
Drugs in car supported arrest of passenger
Officers had probable cause to stop a vehicle for speeding and excessive window tinting. Upon smelling marijuana before even making contact with the driver, they lawfully searched the car and detained its passenger. Drugs found behind the passenger’s seat supported his arrest along with the driver. Background In February 2018, the Norfolk Police Department’s Interdiction […]
Officers legally searched accused molester’s car
A warrant to search a vehicle was supported by probable cause, based on facts in the affidavit that a confidential witness observed child pornography on the owner’s laptop computer and that, based on the swearing officer’s experience, people who collect child pornography often keep the collection close by, such as in their residence or car. […]
CAV: Post-stop consent to search vehicle was valid
After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, and the trial court erred in suppressing the resulting contraband. Background During a traffic stop […]
CAV: Visiting house didn’t support probable cause for arrest
The circuit court did not err in suppressing evidence stemming from an arrest that lacked probable cause. Despite the defendant’s proximity to the house at the time of arrest, the fact that his mother and brother lived there, the fact that he rushed toward the house upon seeing police, and the presence of his mail […]
WDVA: Obscene gesture at officer no grounds for stop
A plaintiff can proceed to trial on his claim under 42 U.S.C. § 1983 that a sheriff’s deputy initiated a traffic stop without probable cause. The deputy’s explanation that the plaintiff made a concerning gesture was not constitutionally sufficient. Background For reasons unimportant to this opinion, Plaintiff Brian Clark has been banned from the Patrick […]
EDVA: Prosecutor, officer face malicious-prosecution claims
An unsuccessful candidate for county sheriff sufficiently stated claims for malicious prosecution by a commonwealth’s attorney and a state police officer. The plaintiff said they conspired to prosecute him for election fraud with no evidence to support the charge. Background In 2014, Plaintiff Stephen King was charged with trespassing. He sought testimony on his behalf […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
