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Warrantless Searches in Virginia

 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

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  • "Mr. Montagna was the BEST!! I had reckless driving and 2 seatbelt violations ( one for a minor) and he got my whole case DISMISSED!! He is definitely the go to guy for your case… I couldn’t appreciate and thank him enough!"

    Sky B.
  • "Simply the best in the business. Got my 67 in a 35 mph reduced from reckless driving to an improper driving. He let me know what to do before court and I followed everything exactly. Would highly recommend him for any traffic case."

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    Tiara S.
  • "I had a speeding ticket that was 21 over in a 30mph zone. He got my case dismissed. Whatever he asked you to get for court definitely get the paperwork. I really appreciate Anthony Montana for making my driving record go back to +5. He really knows the law and he is definitely an attorney I will use later in life if I will need him again. He does care about the people he helps in court."

    Jacob P.
  • "Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended."

    Cindy Williams
  • "Anthony helped me with a traffic ticket. His counsel was excellent and he really took the time to understand the situation and give expert guidance on how best to proceed. He got the ticket dismissed and I got points taken off my license as a result of his counsel."

    Michael Moore
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Norfolk, Newport News, Hampton, Suffolk, Chesapeake, Portsmouth, Williamsburg/James City County, Northampton County, Southampton County, Isle of Wight County, York County, New Kent County, Accomack County, Virginia Beach and all of Virginia.

DUI, Reckless Driving, and Traffic, Divorce, Custody, and Criminal Law

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