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Drug court judges must read this illegal search opinion says Fairfax lawyer

Drug court judges repeatedly hear police justify stops, frisks, searches and arrests of criminal suspects based on their purported "knowledge, training and experience" and behavior consistent with criminal activity. As a Fairfax criminal defense lawyer, I know that police have no superhuman cognition. I also...

Police seizure defined- Force with objective intent to restrain

Police seizure under the Fourth Amendment happens when police apply any touching or force with intent to restrain the person Police seizure (PS) is critical to determining whether a law enforcement officer’s (LEO) encounter with a criminal suspect required probable cause to believe that the...

Collective knowledge doctrine gets Virginia drug conviction affirmed

Collective knowledge doctrine can be a hurdle to Virginia criminal defendants seeking to suppress evidence Collective knowledge doctrine (CKD) was addressed this month by the Virginia Court of Appeals in denying a drug felony appeal. As a Fairfax criminal lawyer, I know that this doctrine...

Curtilage seizure in DWI investigation addressed by Fairfax DUI lawyer

Curitlage seizures take place when police detain a person on “'the land immediately surrounding and associated with the home.'" Saal v. Virginia, 848 S.E.2d 612 (2020) (quoting Oliver v. U.S.., 466 U.S. 170 (1984). As a Fairfax DUI lawyer, I know that because "the curtilage is 'considered...

Incriminating refuse- Fairfax criminal lawyer warns about trash convictions

Incriminating evidence can abound in a lawbreaker's abandoned garbage. As a Fairfax criminal lawyer, I know that police can be like vultures waiting for drug suspects and subjects of DNA-related criminal investigations to dispose of their trash on the street or anywhere else where police...

Home visits by police & 4th Amendment- Fairfax criminal lawyer comments

Home visits by poiice are common. As a Fairfax criminal lawyer, I know that the Fourth Amendment limits the time, place and manner of those visits. For starters, the Fourth Amendment requires police to have probable cause to believe the existence of relevant criminal activity...

Anonymous tips irk contraband defendants says Fairfax criminal lawyer

Anonymous tips are often the bread and butter of police officers investigating crime, particularly alleged crimes involving illegal drugs, weapons, and assault running from simple battery to murder. As a Fairfax criminal lawyer, I often rolls my eyes at political reactionaries lambasting the United States...

LEO consent search exempts need to confirm ownership of each container

LEO -- law enforcement officers -- home searches can only lawfully take place with a valid search warrant, sufficient consent from an authorized person, or (infrequently) exigent circumstances. As a Fairfax criminal lawyer, I know that police search caselaw is not as friendly to criminal...

Inventory search invalid if for sham reasons says Fairfax criminal lawyer

Inventory searches of impounded cars are impermissible if they do not follow previously-implemented and Constitutional inventory procedures. As a Fairfax criminal lawyer, I am delighted that the Virginia Court of Appeals this month reversed a firearm conviction, where a handgun was found without probable cause under...