4A

United States v. Peterson

The court will suppress the fruits of a strip search of the defendant, but not the fruits of a search of his car. Although a police dog’s weak responses alone didn’t give officers probable cause to believe that the defendant’s… Read More ›

Jones v. Commonwealth (U)

The trial court erred in denying the appellant’s motion to suppress evidence following a traffic stop. The initial search of lottery tickets in the appellant’ car door was unlawful; all evidence stemming from that search should have been suppressed. A… Read More ›

Taylor v. Commonwealth (P)

The trial court properly denied the defendant’s motion to suppress a warrantless blood draw. At the time the officer arrested the defendant, Virginia law was that the defendant had, by driving on the highway, impliedly consented to provide a blood… Read More ›

Z.F. v. Adkins

A middle school student may proceed in this case alleging that the defendant, a deputy sheriff and resource officer at the plaintiff’s school, unlawfully seized his person and seized and searched his cell phone, using excessive force. The student alleges… Read More ›

Attkisson v. Holder (P)

After three-and-a-half years of protracted preliminary litigation — including multiple amendments to the complaint — the district court properly dismissed the plaintiffs’ claims for alleged illegal intrusions into the plaintiffs’ electronic devices to conduct unlawful surveillance. The complaint alleges that… Read More ›

Williams v. Strickland (P)

The district court did not err in denying a motion for summary judgment for two law enforcement officers seeking qualified immunity. The plaintiff claimed that the officers violated his Fourth Amendment rights by using deadly force while arresting him (shooting… Read More ›

Varner v. Roane

No reasonable jury could conclude that, in a consensual encounter between the plaintiff and a deputy sheriff, the deputy violated the Fourth Amendment by searching the plaintiff’s truck during that encounter. The plaintiff alleges that a drug dog used to… Read More ›

United States v. Young (P)

The appellant’s conviction for attempting to provide material support to the Islamic State is affirmed, but his convictions for attempting to obstruct justice are vacated. The district court’s admission of Nazi and white supremacist paraphernalia as evidence did not constitute… Read More ›

United States v. Seerden (P)

In federal criminal proceedings against a member of the U.S Navy, the Fourth Amendment governs whether evidence is admissible, not the Military Rules of Evidence. Based on a military search warrant arising from sexual assault allegations, the Naval Criminal Investigation… Read More ›

Fijalkowski v. Wheeler

Police are entitled to qualified immunity as to the plaintiff’s claim that they exacerbated a dangerous situation – namely, the plaintiff’s psychotic episode in which he submerged himself underwater at the pool where he worked. Under the state-created danger doctrine,… Read More ›

Carlson v. Commonwealth (P)

The trial court erred in not suppressing evidence obtained in an unlawful search of the defendant’s residence. Therefore, his convictions for manufacturing marijuana and misdemeanor obstruction of justice must be reversed. The government lacked an independent source for evidence obtained… Read More ›

Commonwealth v. Jordan

Although the court previously suppressed an out-of-court “show-up” identification of a defendant charged with armed robbery, the court need not suppress subsequent in-court identifications, which have an independent basis. Further, despite the unconstitutional show-up identification, probable cause existed to arrest… Read More ›

McClure v. Ports (P)

The plaintiff and the public-sector union he represents asserted First and Fourteenth Amendment claims to reinstate special-access privileges to restricted Maryland Transit Administration property, after state officials allegedly limited those privileges in retaliation for the plaintiff’s criticism of the transit… Read More ›