Recently, the Richmond US District Court handed down a very interest case dealing with police officers' authority to search.  In US v. Casper, police arrested the defendant for a probation violation.  They then walked him out of the room in which he was arrested, but then returned to search his coat and discovered a firearm.  The defendant, a convicted felon, was then charged with possession of a firearm by a convicted felon.

In trying to justify their actions, law enforcement claimed several motives for the illegal search.  These motives included protecting themselves, the need to preserve evidence, and that, because the defendant was arrested, they simply had the right to do so.

After considering these arguments, the Court said no and suppressed the illegally obtained evidence.  You can check out the opionion here:  http://valawyersweekly.com/fulltext-opinions/files/2014/08/014-3-400.pdf

If you’ve got questions about your right to privacy, or a police investigation, feel free to give me a call.   

 

James S. Abrenio
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Focusing on criminal, traffic defense and personal injury cases
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