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Tag Archives: Search & Seizure

4th Cir.: Exclusionary rule applies only after egregious conduct (access required)

In civil deportation proceedings, the exclusionary rule’s predicate of “egregious” – not merely unreasonable – Fourth Amendment violations by federal officers also applies to conduct by state and local officers. Background In 2009, Maryland Transportation Authority Police Officer Acker stopped ...

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EDVA: Firearm discovered in Terry stop suppressed (access required)

Police responding to gunfire in a Richmond neighborhood unreasonably detained a group of men walking away from where they heard shots. As a result, a firearm discovered after police detained the defendant was suppressed. Background Defendant Billy Curry was indicted ...

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WDVA: Warrant for iPhone search had to relate to charges (access required)

A defendant charged with drug distribution crimes was not entitled to impose search parameters on the government’s search for content on his iPhone beyond the requirement that the search must relate to his specific criminal violations. Background Defendant Akeem Brewer ...

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WDVA: Attorneys sanctioned for bad-faith litigation (access required)

Based on frivolous claims and lack of candor with the court, a charitable bond organization and its individual attorneys will be responsible for a Virginia sheriff’s legal fees in defending those claims. Background Plaintiff Nexus Services Inc. is a charitable ...

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WDVA: Inmate’s excessive force claims proceed to trial (access required)

Genuine disputes of material fact existed as to whether corrections staff assaulted an inmate and denied him due process before placing him in five-point restraints for 22 hours. However, the inmate could not offer facts allowing a reasonable factfinder to ...

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EDVA: Firearm discovered in Terry stop suppressed (access required)

Police responding to gunfire in a Richmond neighborhood unreasonably detained a group of men walking away from where they heard shots. As a result, a firearm discovered after police detained the defendant was suppressed. Background Defendant Billy Curry was indicted ...

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EDVA: Residential trash supported home search (access required)

Items recovered from a trash can associated with the defendant’s home — including plastic bags containing cocaine residue and Google directions listing his home as the starting address — sufficiently supported probable cause for a warrant to search his residence. ...

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4th Cir.: Search of “sexting” suspect unreasonable (access required)

Even acting pursuant to a warrant, a police detective was not entitled to qualified immunity for compelling a teenager to perform a sexual act. Background In 2014, Manassas police detective David E. Abbott investigated allegations that 17-year-old Plaintiff T. Sims ...

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4th Cir.: Officer lacked reasonable suspicion of drug crime (access required)

An officer lacked reasonable suspicion to prolong an early-morning traffic stop, despite the apparent nervousness of the driver and passenger, the driver’s claim that he’d just purchased the vehicle despite being unemployed, and evidence of a long-distance trip inconsistent with ...

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