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exigent circumstances

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DUI hot police pursuit should be challenged by the defense

DUI hot police pursuit into a suspect's home is not automatically lawful under the United States Constitution's Fourth Amendment. The same goes for all warrantless misdemeanor police entries into one's home. This rule was not clarified until two weeks ago, by the Supreme Court. As...

Virginia Supreme Court rules 4-3 on the wrong side of the law for exigent searches

Praised be the three Virginia Supreme Court justices who on September 17, 2015, dissented from the four-justice majority that affirmed a warrantless apartment search purportedly conducted pursuant to exigent circumstances. Evans v. Virginia, , ___ Va. ___ (Sept. 17, 2015). The search found a substantial...