Question: Is it a violation of the Fourth Amendment for an officer to aim his loaded weapon at a person where the alleged crime at issue is minor and nonviolent, the suspect does not pose an immediate threat to the safety of the officers or others, and he is not actively resisting arrest or attempting to Read More …
Category: Fourth Amendment
Rights mean nothing unless those we do not like are afforded those rights.
Thomas H. Roberts & Associates, PC represents people that many in society don’t like and would prefer had no rights. This is an excerpt of a response to an attorney who expressed “horror” that we considered whether or not excessive force was used in the shooting death of a fringe gun-tooting activist. I am reminded Read More …
Una Pregunta: ¿Puede la policía registrar a mi Coche sin tener un orden de registro?
English -Can the Police Search My Vehicle without a Warrant Una Pregunta: ¿Puede la policía registrar a mi Coche sin tener un orden de registro? La Respuesta: Sí, siempre que tenga causa razonable y el coche se puede moverse sin tener problemas. La ley de la patria. La Corte Suprema de Read More …
Can the Police Detain a Witness Who They do not of Suspect Wrongdoing?
Question: Can the Police Detain a Witness Who They do not of Suspect Wrongdoing? Answer: Yes – but only under very limited circumstances. The Fourth Amendment – The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures The Fourth Amendment protects the right of the Read More …
A summary of the law related to Searching Minors
En Español Searches of Minors Summary: Minors are protected by the Fourth Amendment, but have fewer rights (less expectation of privacy) while at school. By Law Enforcement Officers –Standard of Probable Cause The Fourth Amendment “right of the people to be secure in their persons . . . against unreasonable searches and seizures” generally requires Read More …
Can the police search my vehicle without a warrant?
En Español Q. Can the police search my car without a warrant? A. Yes, if the car is readily mobile and there is probable cause. The United States Supreme Court answered this question in Md. v. Dyson, 527 U.S. 465, 466-467 (1999). It stated The Fourth Amendment generally requires police to secure a warrant before Read More …
Can I keep my handgun or firearm in the secured but unlocked glove box or console of my car in Virginia?
Q. Is it legal to have a handgun or other firearm in the unlocked but secured glove box or console of my car in Virginia without a concealed weapons permit? A. YES. The Virginia Court of Appeals addressed this issue in 2013. They answered that it was not illegal. The Virginia Attorney General also Read More …
Unreasonable Force in “Terry Stop” Gives Rise to Officer Liability
En Español Quarter Million Dollar Verdict to Richmond Police Officer Wesley Moore, represented by Civil Rights Attorneys Tom Roberts and Andrew Bodoh. On January 30, 2013, a Richmond jury awarded a $250,000 to Richmond police officer Wesley Moore against a junior patrol officer for battery arising from a August 10, 2010 stop in South Richmond. Read More …
Fourth Amendment Law
Fourth Amendment to the United States Constitution “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the Read More …