Fourth Amendment

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 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...

Violating a green light by waiting six seconds led to Richard Duane Joyce, Jr.'s traffic stop and subsequent conviction for DUI. As a Fairfax criminal lawyer, I see the appellate court's affirmance of Joyce's conviction -- Joyce v. Virginia, __ Va. App. __ (April 14,...

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 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...

Special need is sometimes used by police to try to justify stopping people when they do not have probable cause nor individualized reasonable articulable suspicion to stop, frisk or search a person for evidence of criminal activity. As a Fairfax criminal lawyer, I am disheartened...

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...

Sure outcomes are rare in criminal defense, says Fairfax criminal lawyer. Sure outcomes should never be relied upon in criminal defense. We need look no further than the many split decisions of the United States Supreme Court to know that, being human, judges and jurors...

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...

Acquittal is the ideal goal of going to trial. As a Fairfax criminal lawyer, my view is to go to trial rather than entering a guilty, no contest or Alford plea, where the benefits and possibly lower risks of doing otherwise are not...