Suspended License Virginia Search Summons Custodial Arrest Lawyers Lee County
Suspended License Virginia Search Summons Custodial Arrest Lawyers Lee County
Commonwealth v. Rock
Facts:
Defendant moved to suppress evidence obtained during a search of his vehicle.
Suspended License Virginia Search Summons Custodial Arrest Lawyers
Issues:
- Whether the officer’s action of effecting a custodial arrest rather than merely issuing a summons was in violation of Va. Code § 19.2-74(A)(1)?
- Whether the search conducted pursuant to the arrest violated the Fourth Amendment?
Discussion:
After an officer stopped defendant for speeding, the officer discovered that defendant’s driver’s license was suspended due to two prior convictions of driving while suspended. The officer arrested defendant, and searched the car. The court found that the initial alleged offense, a third driving with a suspended license violation, was a class 1 misdemeanor and was punishable by a minimum, mandatory jail term of ten days without suspension. The provisions of Va. Code Ann. § 19.2-74(A)(1) therefore governed the case. The totality of the circumstances showed that defendant had repeatedly refused to cease his unlawful activity despite numerous past prohibitions and supported an objectively reasonable belief that he would be likely to disregard a summons by continuing to drive or failing to appear in court. This conclusion was bolstered by the fact that, unlike the previous driving-on-suspended convictions, he would be required to serve jail time in this instance. Accordingly, the officer appropriately exercised his statutory discretion, the arrest was not illegal, and the subsequent search of the passenger compartment of the vehicle was constitutional. The motion to suppress was denied
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
DUI Virginia Warrantless Arrest Constitution Violation Lawyers Carroll County
DUI Virginia Warrantless Arrest Constitution Violation Lawyers Carroll County
Commonwealth v. Reggie
Facts:
Defendant was charged with failing to dim his headlights by plaintiff commonwealth. The key issue in the case was whether or not the warrantless arrest of defendant in his home at night violated the Fourth Amendment of the United States Constitution because it violated the right of defendant to be secure in his house against unreasonable searches and seizures which are made without a warrant based upon probable cause.
DUI Virginia Warrantless Arrest Constitution Violation Lawyers
Issue:
- Whether or not the warrantless arrest of defendant in his home at night violated the Fourth Amendment of the United States Constitution?
Discussion:
A state trooper was driving and saw defendant’s car proceeding in the opposite direction failing to dim its lights. The trooper followed defendant’s vehicle and turned on his emergency flashers and siren for approximately 1.2 miles. Defendant never increased his speed or attempted to elude the trooper, drove to his home, exited his vehicle and walked directly to his house. The trooper followed defendant to the door of the house and grabbed him by the shoulder and turned him around as he was entering the house. After the trooper stopped defendant, he proceeded to obtain evidence to support a charge of driving under the influence. The trooper testified that when he was following defendant, he was not following him for any reason but to try to ascertain why defendant did not dim his lights. The court dismissed the case against defendant finding that the offense for which the police officer was following defendant was not serious and did not involve violence. As a result, no exigent circumstances existed which justified the arrest of defendant without a warrant. The charge of failing to dim lights against defendant brought by the commonwealth was dismissed.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Traffic Virginia Drugs Suppress Motion Lawyers Stafford County
Traffic Virginia Drugs Suppress Motion Lawyers Stafford County
Commonwealth v. Darwin
Facts:
Defendant was convicted of possessing cocaine with the intent to distribute in the Stafford County Circuit Court, Virginia. This appeal followed wherein he argued that the court erred in denying his motion to suppress.
Traffic Virginia Drugs Suppress Motion Lawyers
Issue:
- Whether the trial court erred in denying Defendant’s motion to suppress?
Discussion:
Defendant was pulled over for failing to signal turn. It was later determined that he did not have a driver’s license. In the process of writing defendant a summons, the officer noticed a bulge in his defendant’s shoe and looked under the flap to find a bag of cocaine. The trial court denied defendant’s motion to suppress. On appeal, this was reversible error. The offenses allegedly committed were traffic offenses for which a citation, rather than a warrant would issue. The officer had no reason to believe defendant would not appear in court, nor did he believe appellant was a threat to himself or others. Further, defendant had not refused to discontinue his unlawful acts. The bulge in the shoe did not raise any officer safety concerns, nor did the officer believe the bulge would provide evidence in reference to the initial offenses. Here, the officer conducted a search incident to citation, which in the absence of one of the two historical rationales was unreasonable under the Fourth Amendment. The judgment of the circuit court was reversed and the case was dismissed.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Traffic Stop Virginia Drugs Cocaine Lawyers Brunswick County
Traffic Stop Virginia Drugs Cocaine Lawyers Brunswick County
Mc. RENOLD v. COMMONWEALTH OF VIRGINIA
Facts:
A police officer observed a pickup truck with an inoperative brake light. He stopped the vehicle and intending to issue Ellis a summons for inoperative brake light. The officer recalled that Ellis and her passenger had a “previous narcotics history.” This conversation took about a minute. On his way back to his vehicle, the officer called for a canine narcotics unit to assist him. He then got back into his vehicle to issue the summons for the equipment violation. The canine narcotics unit arrived and searched Ellis and discovered cocaine. Ellis was convicted by the Circuit Court of the City of Virginia Beach of possession of cocaine.
Traffic Stop Virginia Drugs Cocaine Lawyers
Issue:
- Whether the trial court erred in fails to suppress the evidence of cocaine found on her person during a traffic stop?
Discussion:
The court held that “the officer’s one-minute conversation about drugs cannot be characterized as an exploitive, unconstitutional act. Where a seizure of a person is based on probable cause to believe that a traffic violation was committed, an officer does not violate the Fourth Amendment by asking a few questions about matters unrelated to the traffic violation, even if this conversation briefly extends the length of the detention. Ellis consented to a search while being detained by an officer having probable cause to issue her a citation for a malfunctioning brake light. The drug dog’s multiple alerts and Ellis’s subsequent consent took place before the officer completed the paperwork necessary for issuing a summons for the equipment violation. The brief, incremental delay caused by the officer’s questions regarding drugs did not violate the Fourth Amendment and, a fortiori, did not constitute an exploitive basis for securing Ellis’s consent.” This court finds that no error in trial court reasoning or result, affirmed the trial court judgment.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
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