Jan 29, 2018 Beware arrest when in shady surroundings, warns Fairfax criminal lawyer
Fairfax criminal lawyer warns beware arrest when in shady surroundings or circumstances
Beware arrest when in shady surroundings. As a Fairfax, Virginia, criminal lawyer, I know that anybody who stays at a party when some people start doing lines of cocaine, remains with a “friend” who shoplifts right next to the innocent person, or, much worse, takes a ride in a car carrying a human corpse in the trunk is inviting a dragnet arrest by the police.
Virginia criminal lawyer sees even the more liberal judges accommodating police work
Repeatedly, the appellate courts accommodate police work, from watering down the Fourth Amendment’s assurances against seizures without probable cause (applying the Terry reasonable articulable suspicion concoction), to permitting warrantless home searches based on exigent circumstances, to not requiring Miranda (right to remain silent) warnings during the initial investigatory phases of a DWI case.
Supreme Court makes unlawful entry arrests easier, by practically shifting the burden for suspects to explain their presence on apparently vacant property
One would not expect to find a Supreme Court justice at a strip club (no matter how lawful that strip club may be), let alone at a pop-up strip club in a vacant building with (state-legal) marijuana wafting among all the stripping. District of Columbia v. Wesby, ___ U.S. ___ (Jan. 22, 2018). Consequently, prosecutors may already have had the Supreme Court justices skeptical about why anyone present at such a pop-up strip club party would have thought anything other than that they were unlawfully on the tattered and messy premises, particularly when the police arrival led to attendees’ scattering. (Of course, the scattering could have been more about embarrassment, at best, of being found in such a situation where strip club goers often want to be anonymous from public scrutiny, particularly if they are married and know their spouses would not approve of strip club attendance.)
Virginia criminal lawyer warns of increased risks of court-authorized arrests when lying is involved in explaining the suspect’s circumstances
The claim of two arrestees that an offsite woman named “Peaches” was a tenant — despite the dozens of others present not mentioning Peaches — who okayed the gathering only strengthened the Supreme Court’s okay of the arrest, seeing that when pressured, the so-called Peaches first lied that all was legitimate but next admitted otherwise.
Seven of the Supreme Court justices in Wesby find the arrest of the attendees to be a clearcut lawful arrest based on probable cause to do so, whereas two of the more liberal justices (Ginsburg and Sotomayor) state some reservations.
Wesby is a lesson of to beware arrest when present in shady surroundings.
Fairfax criminal lawyer Jonathan L. Katz repeatedly raises Constitutional and any other necessary procedural and substantive arguments to protect his clients’ liberty. For a confidential discussion with Jon Katz about your case, please call his staff at 703-383-1100 to schedule an appointment. phto. italki. subjeadings. deposit photo