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Fourth Amendment and Warrants for E-Mails

A few weeks ago this previous post discussed the fourth amendment and District of Columbia Magistrate Judge John Facciola’s decisions rejecting the Government’s request for a search warrant of electronic communication.  As noted, the decisions are interesting because Judge Facciola refused to grant the requested warrants not because the Government did not demonstrate probable cause, but because he did not believe the Government needed a warrant to begin with. Since then, Judge Facciola issued this opinion, which includes an in-depth discussion of why he believes the seize first, search second” principle applies different inRead More …


Federal DUI/DWI in Virginia

Driving while under the influence of drugs or alcohol is an offense punishable under Virginia Code Ann 18.2-266. Under the influence includes a blood alcohol concentration (BAC) of .08 or merely being “under the influence” regardless of the BAC. That is, though most cases involve a BAC of .08 or higher, which allows the court to presume that the driver was under the influence, a BAC of .08 is not required to be “under the influence.”  Virginia Code Ann. 18.2-270 prescribes the punishment for driving while intoxicated. And remember, you can beRead More …


Fourth Amendment Developments

The text of the Fourth Amendment is seemingly straight forward: 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 persons or things to be seized. Yet judicial interpretation and application of this basic right continues to evolve.  The Supreme Court’s February decision in Fernandez v. California (opinion here), which reassessed the government’s right to searchRead More …