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Payday loans

February, 2012

  1. Traffic Stop for Illegal Window Tint Leads to Search Warrant

    February 28, 2012 by Christy

    Our client was stopped by Virginia Beach Police under the guise of an illegal vehicle window tint violation. The police had no means to test our client’s windows and asked to search our client’s vehicle. Upon his refusal, the Police stated they had a tip that our client distributed cocaine and, they were calling the drug dog.

    The drug dog allegedly alerted to the vehicle but no narcotics were recovered within the vehicle. However, a firearm was recovered in the vehicle. The police then searched the passenger’s purse and discovered a large sum of cocaine. The passenger claimed the cocaine belonged to the driver, our client. Virginia Beach police then obtained a warrant to search our client’s home claiming he was a drug dealer and drug dealers keep materials and records associated with drug distribution in their homes. Within our client’s home the police discovered more cocaine and another firearm.

    Our client was subsequently charged with two counts of Possession with Intent to Distribute in violation of Virginia Code § 18.2-248(C) and two counts of Possession of a Firearm while in

    to initiate the traffic stop. We also argued that the discovery of the cocaine and the firearm at the scene of the traffic stop did not create a sufficient nexus between the contraband and the client’s home to support the issuance of the search warrant. Prior to conducting the hearing on our motion to suppress, the Commonwealth Attorney agreed to dismiss three charges if our client pled guilty to one Count of Possession with Intent to Distribute.

    All case results depend on a variety of factors unique to each case. These prior case results do not guarantee or predict a similar result in any future case.