In a recent case coming out of a Virginia court, the Commonwealth attempted to argue that the defendant’s motion to suppress incriminating evidence should have been denied. Originally, two officers pulled the defendant over in his vehicle and searched the car after getting a glimpse of an open container as well as a bit of marijuana inside. The defendant argued…
Tobacco laws and taxes vary by state, and as a result, most states require cigarettes and other tobacco products to bear a state tax stamp that proves the appropriate taxes have been paid on the product before it can be sold legally in the state. Because prices and taxes can vary so much by state, smugglers can buy cigarettes where…
A defendant recently appealed his Virginia conviction for possession of marijuana and various firearm offenses. The accused filed multiple motions to suppress, arguing that he had a reasonable expectation of privacy in the residence. On appeal, the court reviewed the evidence the defendant presented at his suppression hearing. According to the record, police officers discovered the defendant’s location and attempted…
Recently, the state supreme court issued an opinion in a case involving a man who allegedly fired a gun while celebrating the 4th of July. The case required the court to determine if the defendant’s statements to a detective were taken in violation of his constitutional rights. Ultimately, the court dodged the question at issue, finding that even if the…
The United States Supreme Court recently decided a case that may have a profound impact on many Virginia criminal cases. Although the case is civil in nature, it impacts state and federal search and seizure law. The case arose following a 2015 altercation between a woman and her husband. The wife was concerned for her husband’s safety after he made…
Under the Fourth Amendment, individuals have the right “to be secure in their houses…against unreasonable searches and seizures.” As the doctrine currently stands, inquiries involving whether a search is constitutional requires the court to look at the “totality of the circumstances.” This vague language significantly impacts those charged with Virginia criminal offenses. Most jurisprudence scholars agree that this inquiry leaves…
The Supreme Court of the United States recently issued an opinion in Torres v. Madrid, finding that the “application of physical force to the body of a person with the intent to restrain is a seizure even if the person does not submit and is not subdued.” The ruling will likely have a significant impact on Virginia criminal appeals involving…
Last month, a state appellate court issued an opinion in a Virginia drug case involving a defendant’s motion to suppress drugs that were recovered by police under the driver’s seat of a car he occupied. The defendant claimed that the officers’ search of the car violated his constitutional rights. However, the court disagreed, affirming his conviction. The Facts of the…
Recently a state appellate court issued a decision in a defendant’s appeal regarding statements he made to police prior to his arrest in a Virginia assault case. The case arose when police questioned the defendant about his involvement in a shooting while he was receiving treatment for a gunshot wound at a hospital. Hospital staff contacted police after admitting the…
Recently, a state appellate court issued a written opinion in a Virginia drug crime case discussing whether the arresting officer legally stopped the defendant’s vehicle. Ultimately, the court concluded that the stop was illegal, and ordered the suppression of all evidence recovered as a result. The case illustrates when an officer’s mistake can result in the suppression of evidence. The…