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Criminal Law

: Fourth Amendment

VA: Corroborated tip that defendant had warrants was enough to stop him

By John Wesley Hall, Jr.

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A tip that the defendant was wanted and was at a particular location with a car was sufficient for a stop when defendant was surveilled, got into the car in the driveway, was followed, and the officer checked and there was, in fact, warrants for the defendant. That is certainly cause for a stop. Sidney v. Commonwealth, 2009 Va. App. LEXIS 600 (August 19, 2009).* Odor of burnt marijuana in the car was probable cause for its search. [Also, defendant’s reverse 404(b) argument that a prior owner of the car had a bunch of cocaine on him in the car was not relevant because it didn’t have any effect on whether he had marijuana on the day in question.] United States v. Ushery, 2010 U.S. App. LEXIS 23106 (3d Cir. November 5, 2010) (unpublished)...continue to full post

Full post as published by Fourth Amendment on November 17, 2010 (boomark / email).

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