Can Virginia police forcibly remove your client from his home without a warrant for driving under the influence? Supreme Court precedent says no. In an unpublished opinion, the Fourth Circuit Court of Appeals recently said yes. The Fourth Circuit suggested that its holding is distinguished from Supreme Court precedent due......
A Supreme Court ruling outweighs an unpublished opinion from an administrative law judge (ALJ). Yes, that seems obvious, but we raise the point only because the Fourth Circuit Court of Appeals issued an opinion this week in which it... Read Post
The US Supreme Court ruled 27 years ago that police could not forcibly enter someone’s home over suspected drunk driving. The Fourth District US Court of Appeals in an unpublished decision is looking to change the precedent. A three... Read Post
The Supreme Court has long maintained that police can not forcibly enter someone's home without a warrant on the suspicion of driving under the influence, but a federal appeals court recently upheld a case in which a Virginia office... Read Post