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Search & Seizure

Apr 28, 2019

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 […]

Apr 10, 2019

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 […]

Jan 12, 2019

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 […]

Dec 26, 2018

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 […]

Sep 17, 2018

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 […]

Sep 7, 2018

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 […]

Sep 7, 2018

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 […]

Sep 7, 2018

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. […]

Sep 5, 2018

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 […]

Aug 24, 2018

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 […]

Aug 24, 2018

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 […]

Aug 3, 2018

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 […]

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