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Warrantless Entry Into Fenced Backyard Can Result in Suppression of Evidence at Drug Possession Trial

While in every instance police do not need a search warrant to lawfully come into one's home or office, many times such warrantless entries are found to be in violation of the person's privacy rights under the Fourth Amendment. Having a Virginia criminal defense attorney who knows the law on searches and seizures may mean the difference between guilt or innocence at a criminal trial.

Recently, in General District Court in Richmond, Virginia, city police officers smelled marijuana while patrolling an alleyway, and tracked the smell to the defendant's residence. The property was enclosed by a 6-foot high privacy fence located almost 20 feet from the boundary edge of the alley, and therefore clearly on private property. The activites within the fence could not be observed from the alley, so one of the officer's walked over to the fence so he could peep through gaps in the fence slats. In doing so, he trespassed upon private property. Seeing the defendant smoking a joint through the fencing, both officers then entered the backyard, arrested the owner for possession of marijuana, and seized spent marijuana as evidence.

This was an illegal search and seizure. While a person has no reasonale expectancy of privacy even in his home or upon his property to what he exposes to the public's view, in this case the police had to trespass upon private property to observe the activity going on within. The law will not permit such an intrusion in most circumstances.

If you or a loved one believe you have been subjected to an illegal search, contact me to schedule a free consultation about the 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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