Criminal Defense Lawyer
SRIS Law Group P.C.
If you need legal counsel, then contact the Virginia criminal defense attorneys at the law offices of SRIS Law Group, PC, to speak with a Virginia criminal defense lawyer.
Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
“Police/citizen encounter and related exchange remain consensual and without Fourth Amendment implications as long as a reasonable person would understand that he or she could refuse to cooperate”. Bynum v. Com,3 Va.App. 412, 477 S.E.2d 750Va.App.,(1996)
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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“A passenger on a train does not enjoy the same expectation of privacy as he would at home for Fourth Amendment purposes”. Londono v. Com,40 Va.App. 377, 579 S.E.2d 41. Va.App.,(2003)
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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”An appellant’s claim that evidence was seized in violation of the Fourth Amendment presents a mixed question of law and fact that appellate courts review de novo on appeal, and in making such a determination, appellate courts give deference to the factual findings of the trial court and independently determine whether the manner in which the evidence was obtained violated the Fourth Amendment”. Hodnett v. Com,32 Va.App. 684, 530 S.E.2d 433 Va.App.,(2000).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
The Fourth Amendment does not proscribe all seizures, only those that are unreasonable. Hodnett v. Com,32 Va.App. 684, 530 S.E.2d 433 Va.App.,(2000).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
“Whether the Fourth Amendment has been violated is a question of fact to be determined from all the circumstances”. Kidd v. Com,38 Va.App. 433, 565 S.E.2d 337Va.App.,(2002)
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
“For purposes of a Fourth Amendment analysis of a body search, a “manual body-cavity search” involves some degree of touching or probing of body cavities and is the most intrusive type of body search”. Winston v. Com,51 Va.App. 74, 654 S.E.2d 340Va.App.,(2007).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
”Defendant who was at jail was subjected to a visual body-cavity search, for purposes of determining whether the search violated his Fourth Amendment right against unreasonable searches and seizures; defendant was told to disrobe, squat, and pull apart his buttocks cheeks, a deputy told defendant to remove item from between his buttocks cheeks, defendant himself removed item, and deputy never touched defendant”. Winston v. Com,51 Va.App. 74, 654 S.E.2d 340Va.App.,(2007)
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
“Police officers do not violate the Fourth Amendment when they stop and question an individual if they have reasonable articulable suspicion that the person is engaged in criminal activity or when the person’s encounter with the police is consensual”. Harris v. Com,266 Va. 28, 581 S.E.2d 206 Va. ,(2003)
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
“Appellate court applies a de novo standard of review in determining whether a person has been seized in violation of the Fourth Amendment, while reviewing findings of historical fact for clear error and giving due weight to inferences drawn from those facts”. Harris v. Com,266 Va. 28, 581 S.E.2d 206 Va. ,(2003).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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“Defendant motorist was not seized in violation of Fourth Amendment when police officer, after telling defendant he was free to leave following traffic stop, requested permission to search defendant’s person; reasonable person would have felt free to ignore police officer’s request, as stop occurred in daylight in a residential area, police on the scene were equal in number to the occupants of stopped vehicle, there was no evidence of intimidating behavior on part of the police, and defendant clearly gave his consent to the search before it took place”. Malbrough v. Com,— S.E.2d —-, 2008 WL 108792Va.,(2008).
If you need legal counsel, then contact the Virginia criminal defense attorneys at the law offices of SRIS Law Group, PC, to speak with a Virginia criminal defense lawyer.
Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
“Defendant motorist was not seized in violation of Fourth Amendment when police officer, after telling defendant he was free to leave following traffic stop, requested permission to search defendant’s person; reasonable person would have felt free to ignore police officer’s request, as stop occurred in daylight in a residential area, police on the scene were equal in number to the occupants of stopped vehicle, there was no evidence of intimidating behavior on part of the police, and defendant clearly gave his consent to the search before it took place”. Malbrough v. Com,— S.E.2d —-, 2008 WL 108792Va.,(2008).
If you need legal counsel, then contact the Virginia criminal defense attorneys at the law offices of SRIS Law Group, PC, to speak with a Virginia criminal defense lawyer.
Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
“In reviewing trial court’s ruling on suppression motion, appellate court considers de novo whether trial court’s findings of historical facts implicate the Fourth Amendment, and if so, whether the officers unlawfully infringed upon an area protected by the Fourth Amendment”. Hughes v. Com.31 Va.App. 447, 524 S.E.2d 155 Va.App.(2000).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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“Strip search of pretrial detainee based on reasonable belief that he was concealing narcotics did not violate Fourth Amendment; cocaine was found on inspection of exterior of detainee’s buttocks and did not require intrusion into anal cavity, search took place in secluded cell, and detention center faced urgent need from preventing entry of contraband into facility”. Craddock v. Com,40 Va.App. 539, 580 S.E.2d 454 Va.App.,(2003).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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”For purposes of a Fourth Amendment analysis of a body search, a “visual body-cavity search” is more intrusive than a strip search and extends to a visual inspection of the anal and genital areas”. Winston v. Com,51 Va.App. 74, 654 S.E.2d 340 Va.App.,(2007)
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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“Consent given by defendant’s grandfather to search of his home included consent to search unmarked backpack found in one of the rooms sometimes used by defendant; police had no basis to believe that the backpack did not belong to grandfather or that he did not use it, as backpack bore no indicia of ownership, evidenced no limitations on access, had no characteristics that reflected a by reason of age or gender, and was located in a place open to all occupants of the house”. Glenn v. Com,— S.E.2d —-, 2008 WL 8997 Va. ,(2008).
If you need legal counsel, then contact the Virginia criminal defense attorneys at the law offices of SRIS Law Group, PC, to speak with a Virginia criminal defense lawyer.
Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
“Const.U.S.Amend. 4, relating to searches and seizures, does not prohibit searches and seizures without a warrant under all circumstances, but merely unreasonable searches and seizures, and the issuance of warrants except on probable cause, and the issuance of general search warrants”. Hall v. Com,138 Va. 727, 121 S.E. 154Va. (1924).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
Criminal Defense Lawyer
“Const.U.S.Amend. 4, relating to searches and seizures, does not prohibit searches and seizures without a warrant under all circumstances, but merely unreasonable searches and seizures, and the issuance of warrants except on probable cause, and the issuance of general search warrants”. Hall v. Com,138 Va. 727, 121 S.E. 154Va. (1924).
If you need legal counsel, then contact the Virginia criminal defense attorneys at the law offices of SRIS Law Group, PC, to speak with a Virginia criminal defense lawyer.
Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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“Statute criminalizing a driver’s refusal to provide a breath sample after being arrested for driving under the influence of alcohol does not authorize an unlawful search or seizure in violation of Fourth Amendment; drivers consent to submit breath samples by exercising the legal privilege of driving on the Commonwealth’s roads, and such consent is not qualified or conditional”. Rowley v. Com.48 Va.App. 181, 629 S.E.2d 188 Va.App.,(2006).
If you need legal counsel, then contact the Virginia criminal defense attorneys at the law offices of SRIS Law Group, PC, to speak with a Virginia criminal defense lawyer.
Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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“Using teacher’s diaries violated privilege against self-incrimination in prosecution for taking indecent liberties with a minor, even though the police seized them in a search and the teacher was not compelled to produce the private papers; the distinction between being compelled to produce personal documents by subpoena and having those same personal documents seized by the government did not relieve the government of its obligation to avoid violating the Fifth Amendment”. Moyer v. Com,30 Va.App. 744, 520 S.E.2d 71Va.App.,(1999).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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“Any forcible and compulsory extortion of a man’s own testimony or of his private papers to be used as evidence to convict him of a crime or to forfeit his goods is within the condemnation of the Fourth and Fifth Amendments”. Moyer v. Com,30 Va.App. 744, 520 S.E.2d 71Va.App.(1999).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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“A forfeiture case, the Supreme Court of Virginia observed that “the rule excluding evidence obtained by a search and seizure unlawful under the Fourth Amendment … is now applicable to state forfeiture proceedings” , citing Plymouth Sedan. The Court held that the forfeiture was proper, however, because the search and seizure in that case did not violate the Fourth Amendment”. Chevrolet v. Commonwealth, 208 Va. 506 (1968),
If you need legal counsel, then contact the Virginia criminal defense attorneys at the law offices of SRIS Law Group, PC, to speak with a Virginia criminal defense lawyer.
Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers
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“Fact that police officers did not scrupulously honor railroad passenger’s request for counsel after he was taken into custody and luggage found in his sleeping compartment seized did not mean that passenger’s custodial statements denying ownership or knowledge of large quantity of money found in luggage had to be suppressed in subsequent interpleader proceeding in which passenger made claim to money; Miranda merely provides remedy for vindication of Fifth Amendment rights, and passenger’s Fifth Amendment rights were not violated in context of interpleader proceeding”. County of Henrico v. Ehlers,237 Va. 594, 379 S.E.2d 457Va.,(1989).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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“Touchstone of analysis concerning search under the Fourth Amendment is the reasonableness under the circumstances”. Glenn v. Com,— S.E.2d —-, 2008 WL 8997 Va. ,(2008).
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Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
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”Courts, in determining whether a particular search was reasonable, must consider the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted”. King v. Com.,49 Va.App. 717, 644 S.E.2d 391 Va.App.,(2007)
If you need legal counsel, then contact the Virginia criminal defense attorneys at the law offices of SRIS Law Group, PC, to speak with a Virginia criminal defense lawyer.
Sris Law Group, PC
4008 Williamburg Court
Fairfax, Virginia 22032
(703) 278-0405
Virginia Criminal Defense Lawyers