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What is the Effect of Rodriguez v. United States on Drug Sniffing Dogs and Searches of Vehicles in Virginia?

ANTHONY L. MONTAGNA, III

Tony-Montagna

With Anthony L. Montagna, III, you can be confident that you have an experienced, 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, 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.

                            “Practicing since 1993, 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. 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:

Traffic Offenses and DUI
Criminal Defense

BAR ADMISSIONS:

U.S. District Court
Eastern District of Virginia
U.S. Court of Appeals 4th Circuit
Virginia Supreme Court
U.S. Supreme Court

EDUCATION:

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

PROFESSIONAL ASSOCIATIONS:

American Bar Association

Virginia Bar Association

Virginia Trial Lawyers Association

Norfolk and Portsmouth Bar Association

Virginia Beach Bar Association

Virginia State Bar

Episcopal Youth Council (EYC), Former Adult Leader

Rotary Club of Hampton Roads

What is the Effect of Rodriguez v. United States on Drug Sniffing Dogs and Searches of Vehicles in Virginia?

On April 21, 2015, a landmark case, Rodriguez v. United States, was decided by the United States Supreme Court. The Court essentially held that absent reasonable suspicion, police could not extend a traffic stop to allow a drug sniffing dog to sniff around a vehicle.

The police are entitled to stop a vehicle following a routine traffic violation.  The police may also check for licensing, registration, proof of insurance, and outstanding warrants.

During the time it takes an officer to write a summons, the police may also call for a drug sniffing dog. The drug dog may sniff around the vehicle.  However, the police cannot extend the stop beyond what is required for writing the summons to have a drug dog to conduct a sniff around the stopped vehicle.  If the police unreasonably extend the stop to conduct a dog sniff, the stop becomes illegal and evidence may be suppressed.