Although a deputy extended a traffic stop for following too closely for some 33 minutes until a drug dog arrived, the officer stayed on task and issued a warning ticket during this time, as he attempted to verify the identities ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allyson K. Duncan Search & Seizure

The government’s delay in serving a warrant for use of a Network Investigative Technique to uncover defendant’s child pornography computer files accessed through “Playpen,” a website that facilitated distribution of child pornography, does not require suppression of evidence for an ...

Tagged with: Judge Rebecca Beach Smith Search & Seizure U.S. District Court - Eastern District

An anonymous tip that a black man had loaded a gun in a 7-Eleven parking lot and then concealed it in his pocket before leaving in a car provided an objective basis for inferring danger, despite West Virginia gun ownership ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Search & Seizure

A trial court did not err in suppressing drugs found on defendant’s person when he was arrested by two police officers who received a radio communication from an officer they were following that defendant had swerved his moped into the ...

Tagged with: Judge Mary Grace O'Brien Search & Seizure Virginia Court of Appeals

Police who found defendant, a drug investigation target, on the deck of his boat when they arrested him on a misdemeanor warrant could not justi­fy a warrantless below-deck search by arguing a confidential informant had seen people coming and going ...

Tagged with: Norfolk Circuit Court Search & Seizure

Following prior opinions of the East­ern District of Virginia covering the same Fourth Amendment issues, a Norfolk U.S. District Court upholds the government’s use of a Network Inves­tigative Technique to conduct searches of personal computers after its seizure of “Playpen,” ...

Tagged with: Judge Rebecca Beach Smith Search & Seizure U.S. District Court - Eastern District

After making a valid traffic stop of an SUV for a defective headlight, at the time a second officer and drug dog arrived, the first officer had all the information rea­sonably necessary to conclude the citation process for the equipment ...

Tagged with: Judge Robert P. Frank Search & Seizure Virginia Court of Appeals

A Norfolk police officer familiar with the housing project where he saw an ap­parent “group of minors” at 12:30 a.m., had a reasonable, articulable suspicion for stopping defendant, based on his “fairly short and fairly small stature,” for a suspected ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Search & Seizure

Evidence supporting a charge of meth­amphetamine manufacture is suppressed because the affidavit filed with the clerk’s office omitted a page with the investiga­tor’s statements supporting the warrant and the commonwealth failed to file the affidavit within 30 days of the ...

Tagged with: Judge Jean Harrison Clements Search & Seizure Virginia Court of Appeals

The Court of Appeals reverses a trial court order suppressing evidence found in defendant’s vehicle; the search of his person was justified by his arrest based on an active warrant, and the discovery of the warrant sufficiently attenuated the connection ...

Tagged with: Justice Teresa M. Chafin Search & Seizure Virginia Court of Appeals