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6 Virginia opinions name it 2 courts 1965–2025 2 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Tolan v. Cottongreen1 sentence2025To determine whether the law was well-established, we must assess “‘whether the state of the law’” when the incident occurred provided “‘fair warning’” to Adams that her alleged conduct was unconstitutional.13 Id. at 304 (quoting Tolan v. Cotton, 572 U.S. 650, 656 (2014)) (determining whether law was “clearly established” for § 1983 qualified immunity). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Shiflet v. Eller
green
1 sentence2022He asserts that the search prong deals with “law-enforcement procedures” and accordingly the ban on plain-smell searches is merely procedural and may be applied retroactively; we disagree.12 First, we decline to accept Montgomery’s characterization of the search prohibition as “procedural.” As noted, a “law affects substantive rights if it ‘deals with [the] creation of duties, rights, and obligations.’” McCarthy, 73 Va. App. at 650 (quoting Shiflet 228 Va. at 120 ). | 1 | 2022–2022 |
Joseph Leon Matthews v. Commonwealth of Virginia
green
2 sentences2018Id. at 1616 . -5- In Matthews, this Court applied Rodriguez in the context of another traffic stop, this time where the driver’s consent to search was given before the conclusion of the traffic stop. 65 Va. App. at 345-47 , 778 S.E.2d at 127-28 . 2018Id. at 1616 . -5- In Matthews, this Court applied Rodriguez in the context of another traffic stop, this time where the driver’s consent to search was given before the conclusion of the traffic stop. 65 Va. App. at 345-47 , 778 S.E.2d at 127-28 . | 1 | 2018–2018 |
Rodriguez v. United States
green
1 sentence2018Id. at 1616 . -5- In Matthews, this Court applied Rodriguez in the context of another traffic stop, this time where the driver’s consent to search was given before the conclusion of the traffic stop. 65 Va. App. at 345-47 , 778 S.E.2d at 127-28 . | 1 | 2018–2018 |
West v. Commonwealth
green
2 sentences2005Id. 2005Id. | 1 | 2005–2005 |
Lovelace v. Commonwealth
green
2 sentences2005Id. at 595 , 522 S.E.2d at 860 . 2005Id. at 595 , 522 S.E.2d at 860 . | 1 | 2005–2005 |
United States v. Robinson
green
2 sentences2000Defendant further contends that he was subjected to a custodial arrest in violation of Code § 19.2-74(A)(2), a circumstance that he maintains also requires suppression of the evidence. 1 It is well established that, following “a lawful custodial arrest [,] a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a ‘reasonable’ search under that Amendment.” United States v. Robinson, 414 U.S. 218, 235 , 94 S.Ct. 467, 477 , 38 L.Ed.2d 427 (1973) (emphasis added). 2000Defendant further contends that he was subjected to a custodial arrest in violation of Code § 19.2-74(A)(2), a circumstance that he maintains also requires suppression of the evidence. 1 It is well established that, following “a lawful custodial arrest [,] a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a ‘reasonable’ search under that Amendment.” United States v. Robinson, 414 U.S. 218, 235 , 94 S.Ct. 467, 477 , 38 L.Ed.2d 427 (1973) (emphasis added). | 1 | 2000–2000 |
Jones v. United States
red
2 sentences1965He relies upon Jones v. United States, 362 U.S. 257 , 80 S.Ct. 725 , 4 L.ed.2d 697 (1960), which held that an invitee of the tenant *483 of an apartment, which was searched by police officers, had standing to object to the admission of seized articles. 4 We have, then, at most the question of abandonment of the mere right to possession, and not the abandonment of ownership. 1965He relies upon Jones v. United States, 362 U.S. 257 , 80 S.Ct. 725 , 4 L.ed.2d 697 (1960), which held that an invitee of the tenant *483 of an apartment, which was searched by police officers, had standing to object to the admission of seized articles. 4 We have, then, at most the question of abandonment of the mere right to possession, and not the abandonment of ownership. | 1 | 1965–1965 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.