Evading approaching police will be considered by the judge reviewing your detention by approaching police

Evading approaching police mays simply make their fishing trip or other investigation more fruitful for law enforcement officers (LEOs). Devon Lamar Washington v. Commonwealth of Virginia, 87 Va.App. 349 (2026) As a Fairfax criminal lawyer, I do no agree that a negative judicial inference should be permitted to be formed about people who walk or run away from police who approach without commanding the civilian to stay in place. To permit such a negative judicial inference can convert so-called “consensual” police encounters to nonconsensual encounters that put civilians in a damned if they do, damned if they don’t situation, where if the civilian stays in place only to avoid a detention, that is not a consensual encounter, but if the civilian runs or walks away from approaching police that this risks not only a police detention but also a court greenlight to that detention.

What can happen to a person evading approaching Virginia police?

Devon Lamar Washington jogged away from police intending to seek a “consensual” discussion with people hanging out near an apartment complex that routinely reported to police about suspected illegal drug trafficking there. Police saw Washington there with a suspected gang member and had seen Washington displaying weapons on online videos. Police seized the allegedly evading Washington, who ditched his backpack between the time of being LEO-chased and seized. An LEO frisk of his backpack found an object consistent with a weapon, leading to a search that found an “AR-style rifle without a serial number. He also found 13 grams of suspected MDMA, a digital scale, $380, and an empty package labeled ‘Oxycodone.'” Washington v. Virginia, 87 Va.App. at 356.

Will my online lawful expression haunt me to permit a police detention?

The Virginia Washington evading court decision rejects Washington’s Fourth Amendment Constitutional argument against his detention and the Virginia police search of his backpack: “Although the officers did not see any members of the group using or distributing drugs, the police department received a service call alleging that a group of individuals was smoking marijuana in front of 1008 Heritage Park. Detective Lamar also knew one member of the group, Breckenridge, to be associated with a gang and involved in narcotics trafficking. Additionally, Officer Hibbits had seen Breckenridge and Washington display firearms in music videos. Moreover, Washington and Breckenridge ran when uniformed police officers approached
the group… Also, evidence of evasion was Washington’s toss of his backpack just as the officers detained him.” Washington finds the foregoing factors in their totality as sufficient to have justified the detention of Washington. Note how Washington allows Washington’s free online expression displaying weapons to be used against him in allowing his LEO detention.

Am I safe from approaching police when not evading them?

The LEO investigating Washington and the others congregating hear him were engaged in a fishing trip. Had Washington not run from police, LEO would not have been able to use non-existent evading to justify any detention or search of Washington. Instead, the police may have put pressure on Washington to incriminate himself, to consent to a search of his backpack, or to provide information to enable a frisk or detention under Terry v. Ohio, 392 U.S. 1 (1968). Now, not later, is the time to know what your rights are with the police and how to exercise those rights, as addressed here.

Does Virginia law allow police to search my dropped backpack even after I am detained?

Ironically, while the federal Supreme Court does not extend to one’s backpack, handbag or automobile a police search incident to a lawful arrest that is permitted of one’s pockets, the Washington Virginia evading decision allows a frisk of the backpack or handbag (and apparently the automobile) of a Terry-detained suspect who might be released rather than arrested, at least when reasonable suspicion exists that the container may hold a weapon that could be used against police after being returned to the suspect.

What should I avoid carrying in my backpack or handbag in Virginia to avoid a prosecution?

Washington got a mandatory minimum prison sentence for possessing a firearm in the course of drug trafficking. People should know about police fishing expeditions with evading people and others, other LEO investigations, and racial profiling (whether that be driving while black, breathing while not white, or being a young person of color). The words of the Constitution’s Fourth Amendment may sound wonderful, but the Virginia courts place strict limit on how far reaching are the protections of the Fourth Amendment. When you get charged with a crime, timely obtain the right Virginia criminal defense lawyer for you.

Fairfax criminal lawyer Jonathan Katz focuses on essential lawful avenues to pursue your best defense against Virginia DUI, felony and misdemeanor prosecutions. A great start to your Virginia criminal defense can commence with your free in-person strictly confidential initial consultation with Jon Katz about your court-pending prosecution, at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.