Legal Question in Criminal Law in Virginia

Illegal Search and Seizure

If the state police search someone's home without a warrant (one is not on record) and find illegal substance with intent to distribute, once they drop the charges and turn it over to the federal government, does it matter that the search was illegal?


Asked on 2/22/02, 4:12 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Illegal Search and Seizure

Yes, it matters a great deal if the search that turned up the drugs was conducted illegally and without a proper warrant, no matter whether the case is prosecuted by state or federal authorities. And under this factual scenario,

the lawyer representing the person charged should be filing a MOTION TO SUPPRESS the tainted evidence recovered from the improper search.

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Answered on 2/22/02, 5:48 pm


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