Fourth Amendment
Special need exception to reasonable suspicion – Fairfax criminal lawyer decries it
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 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...
Sure outcomes rarely exist in criminal defense – Virginia Supreme Court
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 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...
Acquittal in DUI trial – Fairfax lawyer on bad stop on hunch of flat tires
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...
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...
Warrantless police searches after suspect flight – Fairfax criminal lawyer
Warrantless police searches are commonplace. As a Fairfax, Virginia criminal lawyer I fully dissect the circumstances of police searches, to challenge any Fourth Amendment search and seizure violations.
Exigent Circumstances Permit a Drug Search Despite Defective Warrant – VA
Exigent circumstances permit a drug search despite a defective search warrant, says the Virginia Supreme Court. Virginia v. Campbell, __ Va. __ (Dec. 14, 2017). As a Fairfax criminal lawyer, I know about exigent circumstances all too well.
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.
