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Fourth Amendment

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Searching when one occupant objects- Fairfax criminal lawyer weighs in

Searching homes is not permitted by police under the Fourth Amendment without a search warrant, consent of a resident, or exigent circumstances. As a Fairfax criminal lawyer, I know that one present occupant's objection to such an otherwise consensual search trumps the consent of the...

Beating a DUI by suppressing the stop- Fairfax criminal lawyer weighs in

Beating a DWI prosecution can stem from such approaches as convincing the judge that the traffic stop or arrest did not pass Fourth Amendment Constitutional muster, and convincing the factfinder(s) that the prosecutor has failed to prove guilt beyond a reasonable doubt. One of my...

Tire chalking is a Fourth Amendment search says Fairfax criminal lawyer

Tire chalking is a common way for police or other parking ticketers to monitor whether a vehicle has overstayed the maximum duration for a parking space. As a Fairfax criminal lawyer I know that any incursion of government employees onto one's property might implicate the...

Search warrants based on curtilage violation are invalid says Fairfax lawyer

Search warrants do not automatically preclude successful Fourth Amendment challenges. Today, Ian Christian Carlson happily saw that truism applied to his benefit. Carlson v. Virginia. As a Fairfax criminal lawyer, I know that police generally are barred from investigating for possible criminal activity by going...

Privacy rights preserved- Reversing crabbed Virginia Supreme Ct. opinion

Fairfax criminal lawyer celebrates SCOTUS's keeping some teeth in the Fourth Amendment. Privacy rights are critical to criminal defense, including the essential Fourth Amendment protection against unreasonable searches and seizures and against warrantless searches that require search warrants only issued upon probable cause. As a...

DWI victory through suppression hearing win by Virginia DUI lawyer

Virginia DUI lawyer obtains DWI victory at the suppression hearing stage. DWI victory and criminal defense victory is preceded by substantial preparation. including keeping updated on the relevant science and law, obtaining and fully analyzing the case evidence, and working as a team with my...