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Archives
Virginia Appellate Court Upholds Checkpoint Stop of Vehicle
July 12, 2009
Topic: DWI & DUI
The Virginia Court of Appeals, in deciding the case of Danita Maletha Wright v. Commonwealth of Virginia, has held that the seizure and the search of a vehicle did not violate the Fourth Amendment's guarantee against unreasonable searches and seizures because the checkpoint plan was neutral and placed limits on the patrol officers' conduct, the detention of the defendant by the officer was based on probable cause due to the vehicle's defective brake light, the duration of the seizure was brief (spanning only the time reasonably required to write a summons), and the canine sniff of the vehicle by a well-trained narcotics-detection dog did not constitute a search within the meaning of the Fourth Amendment. For a full copy of the opinion, please click on the link at the bottom of this post.
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Attachments:
VACt.ofAppeals-Wright.pdf
