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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...

Fourth Amendment Bars Ordering A Suspect’s Erection

Fortunately, the United States Court of Appeals for the Fourth Circuit has this month confirmed that the Fourth Amendment to the United States Constitution bars ordering a male criminal suspect to produce an erection.

A cop needs probable cause to say s/he will search

A cop needs probable cause to say s/he will search a suspect or the suspect's property. If the suspect responds by consenting to a search, handing over contraband or telling where the contraband will be found, the Defendant may still challenge whether the police officer...