Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

VA: Asking for search warrant is not obstruction

By John Wesley Hall, Jr.

A police officer responding to a domestic call comes to defendant’s house and demands entry with gun drawn. Defendant says no, what about a warrant? The officer comes in anyway. The defendant’s obstruction conviction is reversed and dismissed because the officer was, at most, barred from entry only for seconds. The defendant did not raise this as a Fourth Amendment issue so that was not decided, and the court didn’t exactly decide that invoking one’s constitutional right to ask for a warrant to enter the house is not obstruction of justice. Kee v. City of Hampton, 24 VLW 679 (November 10, 2009) (unpublished).* Hat tip to Virginia Family Law Appeals: Kee v. Hampton: Using 4th Amdt. Rights Isn't Obstruction of Justice...continue to full post

Full post as published by Fourth Amendment on May 12, 2010 (boomark / email).