Running from the police may put you in a worse spot than had you remained in place, says Fairfax criminal lawyer

Running from police can give them among the basket of reasons that amount to permitting them to at least temporarily detain you. Devon Lamar Washington v. Commonwealth of Virginia, ___ Va. App. ___ (April 14, 2026) As a Fairfax criminal lawyer, I know that if you have no disadvantage for police to detain you, that is one thing. However, if your situation is the opposite, that can become a challenge. (Of course, many of use might mistakenly think we are Teflon against police encounters. What, for instance, if you accidentally have walked on cocaine on the ground?) So much for protecting our privacy interests, then. If quickly moving away from the police risks lawful police detention, what happens to our privacy if we stay in place when surrounded by law enforcement officers (LEO) who are staring us down?

Why does Virginia law threaten my ability to simply leave police presence without being nabbed by LEO?

In affirming the police seizure of Washington and his backpack containing a firearm and controlled substances (leading to his conviction for drug trafficking while armed) after running from police, the Virginia Court of Appeals says: “We conclude that the trial court did not err in finding that the officers had reasonable suspicion of criminal activity sufficient to support a Terry stop. A Terry stop is authorized where circumstances give rise to a reasonable suspicion that an individual ‘is, or is about to be, engaged in criminal activity.’ … In this case, the officers knew that the Heritage Park complex was in a high crime area. As the department’s liaison to the management of the townhomes, Officer Hibbits received multiple reports of loitering, trespassing, and narcotics activity there. Likewise, Detective Lamar knew that many narcotics-related arrests occurred there. 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.” Washington. So there you have it. If you have the misfortune to be an innocent resident of a high crime area and do not have the financial resources to move out, you, too, can be at greater risk of police hassling and chasing.

Why do Virginia police get to frisk my backpack or handbag for weapons even when I am handcuffed?

The Washington running from police case gets worse, in also okaying the police frisk of his backpack that he threw down, even though Washington was handcuffed, under the concept that, for instance, the backpack would need to be returned at some time to the suspect. This, then gives the police all the more reason to find a reason to detain a person and to find a way to lawfully frisk their backpack or handbag as a result. In okaying the frisk of Washington’s backpack, the Virginia Court of Appeals says: “‘[L]ower federal court, and state court cases since Terry have extended the scope of a frisk beyond the suspect’s outer clothing.’… As a result, we have applied Terry stops to include protective searches of vehicles, which are permissible when ‘the police officer possesses a reasonable belief based on “specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant” the officer in believing that the suspect is
dangerous and the suspect may gain immediate control of weapons.'”… Washington. Washington is going to encourage police officers to search for more ways to detain and search more people, backed up by Washington. Consequently, Washington needs to be overturned by full Virginia Court of Appeals en banc review, or by appeal to the Virginia Supreme Court.

What do I do if police nab me after running from them, and find evidence of criminal activity?

As you can see, Virginia police do not have a safe harbor for detaining people merely for running from them, nor merely frisking their belongings on a hunch. You will be well served by obtaining a qualified criminal defense lawyer who relishes challenging the legality and Constitutionality of police searches and seizures under the Constitution’s Fourth Amendment and otherwise. Fairfax criminal lawyer Jonathan Katz believes strongly in putting teeth into your rights under the Fourth Amendment and the rest of the Bill of Rights, and often obtains acquittals or the equivalent in the process.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia felony, misdemeanor and DUI prosecutions. Your free initial in-person confidential consultation with Jon Katz about your court-pending prosecution will be a revelation of the possibilities for your defenses. Secure your consultation with Jon by contacting his staff at 703-383-1100, Info@KatzJustice.com, and (text) 571-406-7268.