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Defense Motion to Suppress Evidence Granted in Commonwealth v. Claros

In Commonwealth v. Claros, 2022 Va . Cir. LEXIS 85, a Circuit Court Judge in Fairfax County Virginia granted the Defense’s Motion to Suppress evidence. The Virginia Judge held that the defense was entitled to a suppression of evidence obtained in the warrantless search and seizure of defendant’s vehicle, and the evidence derived therefrom, because the search and seizure violated the defendant’s Fourth Amendment right. The Virginia Circuit Court reached this conclusion for multiple reasons. First, because the carport attached to the defendant’s home where a police detective kneeled to examine the underside of defendant’s parked vehicle was within the curtilage of defendant’s home. Second, the defendant had a reasonable expectation of privacy in the area between the front of his vehicle and the back of the carport. Third, the detective’s examination of the underside of defendant’s vehicle constituted a search. Forth, and finally, the detective’s towing of defendant’s vehicle to a secure facility constituted a seizure, and there were no exigent circumstances that justified either the search or seizure of the vehicle.

As this case demonstrates, when you are charged with a crime, whether the police and the Commonwealth’s Attorney have the evidence necessary to convict you is only one factor. If the government has obtained evidence against you in violation of your constitutional rights, you may be entitled to suppression of this evidence, which may often result in a dismissal of your charges.

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