Tuesday, November 23, 2004

Those federal judges probably know what they are talking about

In Cherry v. Com., the Virginia Court of Appeals, in an opinion by Judge Elder, joined by Chief Judge Fitzpatrick and Judge Annunziata, said among other things: "Absent an express pronouncement on this issue by the United States or Virginia Supreme Courts, we follow the Fourth Circuit’s approach." This on the issue of the constitutional standard for warrantless entries.

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