search and seizure
Police demanding honesty- Fairfax criminal lawyer responds
Police demanding honesty riddles bodycamera footage produced in discovery by the Fairfax prosecutor's office and beyond. As a Fairfax criminal lawyer, I repeatedly hear police urge "Be honest" when seeking admissions from criminal suspects. More recently, a Virginia police video that I reviewed showed a...
Drug dealing prosecution defenses addressed by Fairfax criminal lawyer
Drug dealing convictions in Virginia can result from matching packaging and so-called expert testimony about intent to distribute. As a Fairfax drug lawyer, I know the risk of the presence near drugs risking a prosecution and conviction for possessing or trafficking in those drugs. Consequently,...
Privacy protection against cops has limits, says Virginia Court of Appeals
Privacy protection of our home property is limited for all police movements that do not have them enter our houses. As a Fairfax criminal lawyer, I know that appellate court decisions for decades have chipped away at our Fourth Amendment rights regarding searches and seizures...
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...
Car contraband risks police searches, warns Fairfax criminal lawyer
Car contraband is at risk of court-okayed police searches, says Fairfax criminal lawyer Car contraband abounds, particularly in the form of illegal drugs and weapons. As a Fairfax criminal lawyer, I warn you that automobiles do not receive the same level of court-covered Fourth Amendment...
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...
420 Marks Marijuana & My Blog Anniversary
420 is another word for marijuana, referencing a 4:20 p.m. time to toke and today's 4/20 date to celebrate. As a Fairfax criminal lawyer. I spiritedly defend against marijuana and other drug prosecutions, running from simple possession to multiple plants and distribution / possession with...
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.
Pounce on warrantless police searches of bags in motel rooms and other residences
Appellate opinions on search and seizure repeatedly uphold warrantless police searches of nearly innumerable varieties. Fortunately, today Virginia's Court of Appeals underlined the continued sanctity of the Fourth Amendment prohibition against unreasonable searches and seizures, by requiring the exclusion of illegal drugs found in Lashant...
The lengths to which the courts allow the Fourth Amendment to be stretched to its breaking point
This police state still exists because too many people support and tolerate it, and because it has taken on a life of its own. The police state can still be reversed, but we need to work together and doggedly to reverse it.