Police did not violate defendant’s Fourth Amendment rights by entering his property and lifting a tarp to view a customized motorcycle that two months earlier eluded police by traveling up to 140 miles per hour; a Virginia Supreme Court majority ...

Tagged with: Search & Seizure Supreme Court of Virginia

An officer investigating a citizen com­plaint of suspected drug activity after dark, in a neighborhood known for drug and prostitution activity, who encountered a group of five men standing in the roadway, was entitled to pat down defendant, who refused ...

Tagged with: Judge James C. Hawks Portsmouth Circuit Court Search & Seizure Virginia Circuit Courts

Police who entered an exterior stair­way to an apartment in order to arrest a man thought to be living there with his girlfriend violated the girlfriend’s Fourth Amendment rights and the Norfolk Cir­cuit Court suppresses evidence discovered during their “protective ...

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

A Newport News U.S. District Court suppresses a firearm and ammunition discovered in a vehicle in which defen­dant was a passenger, which was stopped by police for driving with the headlights off at 8:40 p.m. when it was dark outside; ...

Tagged with: Judge Raymond A. Jackson Search & Seizure U.S. District Court - Eastern District

A defendant under investigation for re­ceipt of child pornography through the Play­pen website, available on the “Tor” network, cannot suppress evidence obtained through the government’s use of a Network Inves­tigative Technique to access his computer, nor is he entitled to ...

Tagged with: Judge Henry Coke Morgan Jr. Search & Seizure U.S. District Court - Eastern District

Even if it were illegal for police to stop defendant’s vehicle for a faulty li­cense-plate light and use a Taser on him when he walked away from his vehicle and entered a house, heroin was not found on defendant during ...

Tagged with: Judge Glen A. Huff Search & Seizure Virginia Court of Appeals

An anonymous tipster who reported see­ing an African-American male in a tan hat, orange and white striped shirt and tan car­go shorts, brandish a gun at a woman and children, enter a house at a specific location and emerge and ...

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

Because a search warrant application failed to disclose that the confidential in­formant – who was the primary source of the information used to establish proba­ble cause – had just been arrested for his theft of money police provided for a ...

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

On rehearing en banc, the 4th Circuit says the government did not violate de­fendant bank robbers’ Fourth Amend­ment rights by obtaining cell site location information from their cell phone pro­viders and the records were admissible without a warrant; a divided ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Diana Gribbon Motz Search & Seizure

Police responding to a report of a gunshot in a high-crime area at night, finding defendant as the only person in the area, were entitled to detain defendant when he reached for his pocket after officers asked him if he ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Search & Seizure