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Articles Posted in Search and Seizure

Earlier this year, a state appellate court issued a written opinion in a Virginia gun possession case, requiring the court to review the lower court’s denial of the defendant’s motion to suppress a gun that was found under the seat of the car he was driving. Ultimately, the court concluded that the facts surrounding the car stop, as well as the information the officers had at the time, failed to justify the officers’ protective sweep of the vehicle.

The Facts of the Case

According to the court’s opinion, police officers pulled over the defendant due to a burnt-out fog light. When the officers approached, they asked if there were any weapons in the car. The defendant told them that the car was his girlfriend’s, but that there were not weapons he knew of. When asked, the defendant declined to give consent to search the vehicle, explaining that it was not his car. However, the defendant offered to call his girlfriend to ask her if she was willing to give consent. While one officer was interacting with the defendant, the other looked up a Department of Corrections alert indicating the defendant may be a member of the Crips gang. However, the officer did not convey this information to his partner at the time.

After the defendant refused to consent to a search, one of the officers told him to get out of the car so that he could perform a protective sweep of the vehicle. The defendant complied. The protective sweep revealed a gun under the driver’s seat.

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In a recent opinion, a Virginia appellate court upheld a trial court’s decision not to suppress evidence the defendant claimed to be the product of an illegal search and seizure. This decision provides valuable insight on a third-party’s ability to consent to the search of another’s property under Virginia criminal law.

According to the court’s opinion, the case involved the seizure of drugs, cash, and ammunition from an apartment. The apartment belonged to a woman who had called the police on the defendant, who was her boyfriend. When the police arrived the defendant falsely identified himself, so the officers placed him under arrest. The police then asked the defendant’s girlfriend whom the apartment belonged to. She replied that she was the sole lessee and gave the officers permission to search the apartment.

When the officers got inside the apartment, they found a pile of bags in the foyer, which the girlfriend identified as belonging to the defendant. The officers searched the bags and found more than $14,000 in cash. The officers also searched a red varsity jacket belonging to the defendant, and found an unmarked bottle containing several dozen pills. When the officers searched the rest of the apartment they found a purple suitcase with more than a dozen pounds of marijuana and a safe, which was later found to contain additional cash and several rounds of 9mm ammunition.

Earlier this year, a state appellate court issued a written opinion in a Virginia gun case discussing the inevitable discovery rule, which allows the admission of evidence that was otherwise illegally obtained. The justification for the rule is that, even without a police officer’s illegal actions, the evidence at issue would have eventually been discovered through legal means.

The Facts of the Case

According to the court’s opinion, two police officers stopped a car because it had no license plates on the front or rear of the vehicle. Initially, the officers did not notice any indications that there was contraband in the car. The officers took the defendant’s license back to their car to run it for warrants. During this time, the two officers could be heard discussing ways they could search the defendant’s car. One officer suggested they ask for consent, and that if the defendant refused permission, then “there’s definitely something in that ******* car!”

The defendant’s license came back, showing he had a warrant. One officer pumped his fist in a “yes!” motion and explained that they could search the area immediately around the defendant as a search incident to the arrest. The other officer corrected the first officer, stating that they could search the whole car because the car would need to be towed, and they would need to conduct an inventory search.

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Earlier this month, the state’s high court issued a written opinion in a Virginia homicide case involving the defendant’s challenge to the manner in which the police obtained the evidence that resulted in his conviction for murder. Ultimately, the court concluded that the police officers’ actions in entering the defendant’s home were reasonable, based on the “emergency aid” exception to the Fourth Amendment.

The Facts of the Case

According to the court’s opinion, a man received a text from his brother, the defendant, explaining that he had recently been struggling and that he was about to join their deceased mother. The defendant’s brother tried to get ahold hold of the defendant with little success, and eventually called the police to the defendant’s home.

The defendant’s brother explained his concern and showed the police the text message his brother had sent him. Police approached the defendant’s door and knocked. The defendant answered, but shortly after, police began to hear a “gargling sound mixed with some coughing and moaning, like pain.” Police asked to enter, but there was no response.

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