Challenging Virginia Search Warrants

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Summary

In Virginia, you can challenge a search warrant if it includes false or misleading information. This involves a legal process known as a Franks hearing, where you must prove to a judge that false information was included intentionally or recklessly. The credibility of the informant and the lack of corroborating evidence can play significant roles in your defense. Discuss these points with your attorney, focusing on the informants credibility, the lack of surveillance, and the absence of control buys or other supporting evidence.

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I'm in Virginia and a search warrant was issued for two persons living in my home, I am not named on search warrant. The search warrant was obtained by the following affidavit:
Hello Barbara, thanks for reaching out. While I'm not able to provide legal advice, I can share general information. In Virginia, typically:
- A search warrant only applies to the persons named on it.
- If you're not named on the search warrant, your personal property should not be subject to search.
Could you specify if your personal property was searched too?
Attachment A On */*/*, Confidential Reliable informant #*-* entered the apartment at * Farrar St Keysville, VA *. The tenant of this apartment is [****Ley). While in the apartment the Confidential Reliable Informant saw [Heather Gwen Poyner] inside. Poyner has an outstanding Caplas for Probation Violation in Charlotte County, Virginia. The Confidential Reliable informant stated Poyner, along with [Alexander Mark Stevens] were staying with Ley in this apartment. The Confidential Reliable Informant stated while inside speaking with Poyner there was approximately a quarter ounce of methamphetamine on a shelf, right beside the bedroom closet.
Under Virginia law, if there's suspicion of illegal activity in a shared living space, all areas accessible to those involved can be searched. Therefore, despite not being named on the warrant, it's possible your shared areas were legally searched. For personal advice, consult a local attorney.
Yes my bedroom was searched but not thoroughly.. they allegedly found drugs and I have been charged.
Hello Barbara, in Virginia, although you're not named on the search warrant, if drugs were found in a shared area like your bedroom, you can be charged. This is due to the doctrine of "constructive possession," which implies you had knowledge and control over the drugs. Consider contacting a local attorney for personalized advice.
The affidavit used to obtain search warrant stated the following: Attachment A On */*/*, Confidential Reliable informant #*-* entered the apartment at * Farrar St Keysville, VA *. The tenant of this apartment is [****Ley). While in the apartment the Confidential Reliable Informant saw [Heather Gwen Poyner] inside. Poyner has an outstanding Caplas for Probation Violation in Charlotte County, Virginia. The Confidential Reliable informant stated Poyner, along with [Alexander Mark Stevens] were staying with Ley in this apartment. The Confidential Reliable Informant stated while inside speaking with Poyner there was approximately a quarter ounce of methamphetamine on a shelf, right beside the bedroom closet. It also stated on search warrant distribution of methamphetamine, however there is no collaboration by police to support this statement.
Barbara, it appears you're charged due to drugs found in a shared area. In Virginia, the distribution charge typically requires evidence of intent to distribute, not just possession. If the police lack corroborating evidence for distribution, it may affect your case. It's crucial to discuss this with a local attorney. Are you seeking representation?
Also, the informant was in a relationship with a felon who is a drug dealer and she was taking him to buy drugs and then to sell drugs. Wouldn't that affect her credibility.
Hello Barbara, in Virginia, the credibility of an informant can indeed affect the weight of their testimony. If the informant has a criminal background or potential bias, this could be used to challenge their credibility. Please consult a local attorney for more personalized advice.
My bedroom is not a shared area, and I'm not named on search warrant, nor was I a person of interest because the informant did not implicate me as such. The informant only states that she came to my home and visited with the two persons named on search warrant in their bedroom and claims she saw a quarter ounce of methamphetamine on a shelf in their bedroom. Can I challenge the search warrant because it also stated that there was distribution of methamphetamine from my home, but no drugs were sold from my home and there's no collaboration by police to support that accusation
Hello Barbara, in Virginia, you may be able to challenge the search warrant if it includes false or misleading information. However, it's important to note:
- Challenging a warrant requires a legal process known as a "Franks hearing."
- This process involves proving to a judge that false information was included intentionally or recklessly.
Please seek legal advice from a local attorney to discuss this further.
The informant states she saw drugs in bedroom of the two persons listed on search warrant. There is no supporting pictures or video to support that claim and there is no collaboration by police with any evidence of distribution of methamphetamine, yet the search warrant states that drugs were being sold from my home
Barbara, it's important to know that the credibility of the informant's information, the lack of physical evidence, and the police's corroboration can play significant roles in your defense. However, false claims in a search warrant can be complex to prove. Have you considered seeking professional legal counsel in Virginia to navigate this?
Considering I was also charged over a week after the search was done with possession with intent I have a court appointed attorney. My question is can I challenge the search warrant and can I challenge them searching my bedroom and allegedly finding drugs. I was not searched and I was not placed under arrest.
Hello Barbara, in Virginia, you can indeed challenge the search warrant and the legality of the search of your bedroom. It's crucial to:
- Discuss this with your court-appointed attorney.
- Present all relevant details.
- Focus on the informer's credibility and the lack of corroborating evidence.
Remember, this is general advice and may not apply to your specific situation.
Than you, I just wanted to be prepared so when I speak to my attorney I can ask the right questions
You're welcome, Barbara. Here are some key questions to ask your attorney:
*. Can we challenge the credibility of the informant given their relationship with a known drug dealer?
*. Can we request a Franks hearing to challenge the validity of the search warrant based on possible false or misleading information?
*. How can we argue against the "constructive possession" doctrine if the drugs were allegedly found in my personal, non-shared space?
*. How can we dispute the intent to distribute charge, given the lack of corroborating evidence from the police?
Remember to communicate all the details to your attorney. Good luck!
Can we also challenge the fact that she says she saw something and the police stated that someone said one of the persons listed on the search warrant was selling drugs at the house but there's no proof of that because no drugs were being sold out of the house so they have no supporting evidence of any kind no control drug buys no surveillance of any type of activity at my house nothing. It's all based on this informant saying she saw something.
Hello Barbara, yes, you can challenge the credibility of the informant's claims and the lack of corroboration by police. It's important to:
- Discuss these points with your attorney.
- Consider questioning the lack of surveillance, control buys, or other supporting evidence.
Remember, this is general advice and your attorney can provide personalized guidance.
Thank you for your help , I feel I am better prepared to ask pertinent questions.
You're welcome, Barbara! I'm glad I could provide you with some general information to help you prepare. Remember, these are just suggestions and your attorney will be able to provide guidance based on the specifics of your case. Don't hesitate to reach out if you have more questions in the future. Best of luck!
Thank you
You're welcome, Barbara! I'm glad to hear you found the information helpful. If you have further questions in the future, don't hesitate to ask. Wishing you all the best with your case!