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Tag Archives: Search & Seizure

Evidence from warrantless vehicle search in driveway admissible (access required)

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 ...

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Important Opinions January – December 2018 (access required)

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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Drugs in car supported arrest of passenger (access required)

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 ...

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Officers legally searched accused molester’s car (access required)

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 ...

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CAV: Post-stop consent to search vehicle was valid (access required)

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, ...

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CAV: Visiting house didn’t support probable cause for arrest (access required)

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 ...

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