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Tag Archives: Search & Seizure

Important Opinions January – June 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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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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EDVA: Officers face trial over eviction confusion (access required)

After taking a homebuyer’s account of foreclosure purchase at face value, a sheriff and his subordinates may go to trial for events that transpired when they accompanied her to the home to remove the previous owners. Background Plaintiffs James and ...

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CAV: Terry stop resistance supported probable cause (access required)

The trial court erred in granting the defendant’s motion to suppress evidence. His resistance to the efforts to handcuff him provided probable cause to arrest for obstruction of justice, thereby legitimizing the search of his person and the bundle he ...

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