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Tag Archives: Search & Seizure

EDVA: Prosecutor, officer face malicious-prosecution claims (access required)

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 ...

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SCV: Totality of circumstances justified vehicle search (access required)

When the search of a driver who’d appeared nervous and fidgety produced a digital scale with apparent cocaine residue on it, the circumstances supported probable cause for officers to search his vehicle, where they found drugs and a handgun. Background ...

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EDVA: Devices reasonably seized from Manafort condo (access required)

A warrant to search Paul Manafort’s Alexandria condo and to seize various electronic devices and media related to his bank and tax fraud offenses was constitutional on its face and constitutionally executed. Background At issue in this multi-count bank and ...

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Important Opinions January – June 2018 (access required)

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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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Va. Cir.: Gun seen from beyond “path of consent” will be suppressed (access required)

While officers had the defendant’s explicit consent to search specific rooms in his house and implied consent to take a path leading to those rooms, his firearm was seen only after an officer deviated from that path. Thus, it exceeded ...

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EDVA: Manafort storage-unit docs won’t be suppressed (access required)

The government obtained valid consent to enter a storage unit containing Paul Manafort’s business documents, obtained a valid warrant to seize some of the documents, and properly executed the warrant. Background On May 26, 2017, Special Agent J. Pfeiffer interviewed ...

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4th Cir.: Tip from identifiable source supported seizure (access required)

Officers acting in part on a tip from a 911 caller who gave only his first name had a reasonable articulable suspicion that the defendant had committed a crime, based on corroborating facts the officers discovered at the scene. The ...

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Va. Cir.: Marijuana odor not supported by body cam footage (access required)

Officers’ recollection that a strong marijuana odor emanated from a vehicle wasn’t consistent with video of their search: The car doors were closed, the marijuana discovered was raw and enclosed, and the officers never mentioned the odor before the search. ...

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4th Cir.: Shooting suicidal man was excessive force (access required)

An officer violated the Fourth Amendment in shooting a suicidal man who had a knife but was threatening only himself. The officer was entitled to qualified immunity, but the unconstitutionality of his actions is clearly established as of the date ...

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Va. Cir.: Applying new SCOTUS precedent, rear driveway was within curtilage (access required)

Applying the U.S. Supreme Court’s recent decision in Collins v. Virginia, a warrantless arrest in an area of the suspect’s driveway beyond the walkway to the front door was within the home’s curtilage and, thus, improper under the Fourth Amendment. ...

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