Warrantless Searches in Virginia
With Anthony L. Montagna, III, you can be confident that you have an experienced, professional family, traffic and criminal attorney on your side. Anthony will fight to protect you and your family. He knows that every case is important to you, and he will battle for you in court.
Anthony was born on August 19, 1968 at Camp LeJeune, North Carolina. After several months, Anthony and his family moved to Norfolk, Virginia, his father’s home town.
Anthony graduated from Norfolk Academy in 1986. After graduation, Anthony attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. At the University of Richmond, Anthony was awarded Intermediate Honors and was a proud member of the the Dean’s List. After graduating from the University of Richmond, Anthony attended and graduated from The University of Akron School of Law in 1993. Upon graduating from law school, Anthony joined his father as a partner at Montagna & Montagna, P.C.
As a partner at Montagna & Montagna, P.C., Anthony assisted individuals in many fields of law. Over the years, Anthony has handled bankruptcy, debt collection, worker’s compensation, personal injury, family law, DUI and traffic, security clearance, criminal, and corporation cases.
As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to ensure you get the results that you want. He has practiced law for over 21 years and is well known for his knowledge of the law and familiarity with the judges in Norfolk, Virginia Beach, Newport News, and all of Hampton Roads.
In his free time, Anthony enjoys travelling, reading, watching and playing sports, and spending time with his family. He particularly enjoys spending time with his daughter, Phoebe, who is 13 and attends Norfolk Academy.
“With more than 24 years of experience, I know each case is different, and I provide personalized attention for each client,” says Anthony. “I am committed
to providing my clients with zealous and skillful representation. I know that my client’s case is a serious concern, and I treat every client like I would want
my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”
In addition to representing individuals who were seriously injured as the result of the negligence of others, Anthony has successfully defended individuals charged with serious criminal and traffic offenses. He has represented men and women dealing with contested and uncontested divorce, custody, and support issues. Anthony is driven to succeed and prides himself on his extensive preparatory research – vital to a favorable verdict.
Anthony strives to answer all questions, to provide regular updates and return all phone calls. If you want an attorney who will think outside of the box, make your case a priority and work hard for you, Anthony is the attorney for you.
AREAS OF PRACTICE:
U.S. District Court
Eastern District of Virginia
U.S. Court of Appeals 4th Circuit
Virginia Supreme Court
U.S. Supreme Court
1993 University of Akron School of Law, Akron, OH, J.D.
1990 University of Richmond, Richmond, VA, B.A., Major: Economics, Intermediate Honors, Dean’s List
American Bar Association
Virginia Bar Association
Virginia Trial Lawyers Association
Norfolk and Portsmouth Bar Association
Virginia Beach Bar Association
Virginia State Bar
WARRANTLESS SEARCHES IN VIRGINIA
I. IMMEDIATE ACTION BY THE OFFICER REQUIRES AN EXCEPTION TO REQUIRING A WARRANT
A. SEARCH OF A PERSON ASSOCIATED WITH AN ARREST
B. SEARCH OF THE AREA CONTROLLED BY THE ARRESTEE
C. POLICE IN HOT PURSUIT OF PERSON TO BE ARRESTED
D. INDIVIDUAL TEMPORARILY DETAINED
E. EXIGENT CIRCUMSTANCES
F. KEEPING THE STATUS QUO FROZEN
G. SEARCH OF AREA IN PLAIN VIEW
H. AFTER ARREST OF PERSON, SEARCH OF VEHICLE
I. EXIGENT CIRCUMSTANCES REQUIRE SEARCH OF VEHICLE
II. EXCEPTIONS BASED ON REASONABLENESS
A. DEFENDANT CONSENTS TO SEARCH
B. A THIRD PARTY INDIVIDUAL CONSENTS TO SEARCH
C. OPEN VIEW
D. SEARCHES AT AIRPORTS
E. SEARCHES AT BORDERS
F. INVENTORY SEARCH OF VEHICLE
G. INMATE SEARCHES
H. PROBATIONER SEARCHES