Case Results

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Virginia Court Rules Search Illegal & Marijuana Seized Not Admissible at Trial

You might want to re-think not putting one or more "No Trespassing" signs in easy-to-see areas of your front yard and/or driveway. One of my clients is glad he did because the "Posted" signs he placed along the entrance to his rural residence was the key to his not being found guilty of marijuana possession this morning in Goochland County Circuit Court.

The judge agreed with our position that the "No Trespassing" signs negated any "implied consent" the homeowner may have given the police to come onto his property while investigating the burglary of a neighbor's home that occurred 3.5 hours before. He also determined there were no facts to support a finding of exigent circumstances to justify the deputy's entry onto the property without either a search warrant, or the owner's permission.

The court ruled the marijuana plants the deputy observed in a planter on the rear deck of the residence could not be introduced into evidence because the deputy's presence there was in violation of the Fourth Amendment.

 If you or a loved one has been charged with a crime in a Virginia state or federal court, please contact us to schedule a free consultation about your case.




Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.



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