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Tag Archives: Search & Seizure

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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SCOTUS: Warrantless vehicle searches limited within curtilage (access required)

The automobile exception to the Fourth Amendment does not permit a police officer, uninvited and without a warrant, to enter the curtilage of a home in order to search a vehicle parked therein. Background Albemarle Police Officer McCall saw the ...

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4th Cir.: Forensic search of gun smuggler’s phone reasonable (access required)

Although a forensic search of a digital phone is a “non-routine” border search that requires an individualized suspicion of illegal activity, CBP agents had such reasonable suspicion when they seized a suspected weapons smuggler’s phone and extracted communications data and ...

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WDVA: Cabela’s customer stated claims against off-duty officers (access required)

A shopper who was handcuffed and tased by Cabela’s security guards can proceed with claims including wrongful imprisonment, assault and battery, and defamation. He may also be entitled to punitive damages. Background Defendants Patricia Eller and Wendy Brewer are Bristol ...

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CAV: Search proper pursuant to unchallenged warrant (access required)

The trial court should have denied defendant’s motion to suppress evidence found in a locked room in his house. Although officers entered the home without a warrant, they obtained one before entering the locked room. Background In March 2016, a Spotsylvania ...

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CAV: Request to “see” pill bottle included its contents (access required)

When a citizen conversing voluntarily with police gave them the unlabeled pill bottle in his pocket, he consented to inspection of both the outside and inside. The trial court erred in suppressing the contents. Background At around 10:30 p.m. on ...

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CAV: Failure to follow police commands justified seizure (access required)

Despite officers shouting at the defendant to put his hands up, he wasn’t seized for Fourth Amendment purposes until they physically removed him from his car. Because the seizure was justified by concern that the defendant was concealing a firearm, ...

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EDVA: Inevitable discovery applied to gun, but not statements (access required)

Officers’ search of a defendant’s bag while he was speaking with officers in another room was not incident to lawful arrest, as there was little chance he could reach the bag or control its contents at the time. The firearm ...

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