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 ...

Tagged with: Judge Elizabeth K. Dillon Search & Seizure U.S. District Court - Western District

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 ...

Tagged with: Justice D. Arthur Kelsey Search & Seizure Supreme Court of Virginia

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 ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Search & Seizure Virginia Circuit Courts

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, ...

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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, ...

Tagged with: Judge Glen A. Huff Search & Seizure Virginia Court of Appeals

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, ...

Tagged with: Judge Glen A. Huff Search & Seizure Virginia Court of Appeals

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 ...

Tagged with: Judge Robert G. Doumar Search & Seizure U.S. District Court - Eastern District

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 ...

Tagged with: Judge Robert E. Payne Search & Seizure U.S. District Court - Eastern District

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, ...

Tagged with: Constitutional Criminal Judge Glen A. Huff Search & Seizure Traffic Offenses Virginia Court of Appeals

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 ...

Tagged with: Constitutional Criminal Judge Robert J. Humphreys Search & Seizure Virginia Court of Appeals