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Tag Archives: Search & Seizure

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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SCV: VABC statute doesn’t authorize applicant searches (access required)

The Departmet was justified in terminating an agent’s employment after he searched the business office of a license applicant without her consent or a warrant. Background Linda K. Swim applied to Appellee Virginia Department of Alcoholic Beverage Control for an ...

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CAV: Breath test “unavailable” en route to hospital (access required)

Use of a blood test to determine the defendant’s blood alcohol content without a warrant was justified under Virginia’s implied-consent law when administering a breath test would have delayed the defendant’s medical care. Background Alexandria police officer Reid Hudson pulled ...

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