Table of Contents
The police cannot stop an individual’s vehicle whenever they want. The stop must be legal based on the United States Constitution and appropriate case law. Frequently, people say to me, The police just stopped my car, is that ok? The answer is, it depends.
Articulable Suspicion to Stop
- Generally, the police must have a reasonable suspicion based on articulable facts
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In Delaware v. Prouse, 440 U.S. 648 (1979), the United States Supreme Court held, “Except where there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver’s license and the registration of the automobile are unreasonable under the Fourth Amendment. “
Examples of Lawful Stops
- Officer observes car weaving 5-10 times over a period of 25 seconds [Neal v. Commonwealth, 27 Va. App. 233, 498 S.E.2d 422 (1998)]
- Traffic infraction
- A broken or missing rear window vent [Logan v. Commonwealth, 19 Va. App 437, 452 S.E.2d 364 (1994)]
- Frantically fleeing from police in high crime area [Whitaker v. Commonwealth, 279 Va. 268, 687 S.E2d 733 (2010]
Examples of Unlawful Stops
- Vehicle only having window tint [Section 46.2-1052 of the Code of Virginia, 1950, as amended]
- Police officer only smells marijuana [Section 4.1-1302(A) of the Code of Virginia, 1950, as amended]
- Decals on windows [Section 46.2-1052 of the Code of Virginia, 1950, as amended]
- Expired inspection sticker that expired before the first day of the fourth month after the original expiration date [Section 46.2-1157 of the Code of Virginia, 1950, as amended]
- Expired registration sticker that expired before the first day of the fourth month after the original expiration date [Section 46.2-646 of the Code of Virginia, 1950, as amended]
- Police officer only saw individuals switching drivers [Zimmerman v. Commonwealth, 234 Va.609, 363 S.E.2d 708 (1988)]
- Amere hunch by police officer [Brown v. Commonwealth, 270 VA.414, 620 S.E.2d 760 (2005 )]
You should contact Anthony Montagna, III for information about when the police can stop your vehicle or you have been illegally stopped by the police. He is a criminal defense legal expert specializing in protecting your rights during encounters with law enforcement. Having an experienced attorney like him on your side can help ensure that your rights are upheld and that any violations of the law are addressed appropriately.
Here are a few reasons why an attorney like Anthony Montagna, III would be important:
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Expert Knowledge of the Law: Lawyers specializing in civil rights, criminal defense, or police misconduct are trained to recognize when a stop is unlawful. They can evaluate the circumstances surrounding the stop, such as whether the officer had probable cause or reasonable suspicion.
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Guidance on Your Rights: Police encounters can be intimidating, and it’s often difficult for individuals to know exactly what their rights are in the moment. An attorney can explain how to assert your rights, including your right to remain silent and your right to not consent to a search.
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Protection Against Unlawful Detention or Arrest: If the police have violated your rights by conducting an illegal stop, your lawyer can help challenge the detention or arrest. In some cases, an illegal stop can lead to suppression of evidence or even dismissal of charges if the case goes to court.
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Building a Strong Defense: If you were charged after the illegal stop, a lawyer can use the circumstances of the stop to build a strong defense. For example, if evidence was obtained through an illegal stop, your attorney might be able to get that evidence excluded from your case.
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Avoiding Self-Incrimination: During a police stop, it’s easy to say something that could be misinterpreted or used against you. An attorney can guide you on what to say (or not say) to avoid accidentally incriminating yourself.
In short, contacting a lawyer like Anthony Montagna, III in the event of an illegal police stop can help you navigate the legal complexities, defend your rights, and ensure you’re not unfairly penalized for a situation that wasn’t your fault.
What can Anthony Montagna, III offer you
- Flat fee pricing without hidden fees
- His 31+ years of experience defending felonies and misdemeanors
- Dedication to you as a valued client
- Toughness
- familiarity with prosecutors
Three Convenient Locations:
Norfolk, VA:
425 Monticello Avenue, Suite A,
Norfolk, VA 23510
Newport News, VA:
4302 Huntington Ave Suite 300,
Newport News, VA 23607
Virginia Beach, VA:
One Columbus Center, Ste. 600, PMB 025
Virginia Beach, VA 23462
Some Of Our Criminal Defense Case Results
Although every case is different and the results of one case do not guarantee results in a different case, some of Anthony Montagna, III’s favorable criminal defense results are the following:
- Felony possession with intent to distribute cocaine: dismissed
- Misdemeanor drunk in public and resisting arrest: dismissed
- Misdemeanor domestic assault and battery: dismissed
- Felony arson: nolle prosequi (dismissed without prejudice)
- Felony strangulation: nolle prosequi (dismissed without prejudice)
- Felony strangulation: dismissed
- Felony object penetration: client pled to misdemeanor assault and battery
- Felony possession with intent to distribute drugs: dismissed
- First degree murder: client pled to voluntary manslaughter
- Misdemeanor assault and battery: dismissed
- Misdemeanor possession with intent to distribute marijuana: nolle prosequi (dismissed without prejudice)
- Indecent exposure: dismissed
- Robbery: dismissed
- Harassing phone calls: dismissed
- Misdemeanor possession of marijuana: dismissed
- Misdemeanor hit and run: dismissed
- Violation of protective order: dismissed
- Possession of marijuana with intent to distribute: dismissed
- Driving under the influence: dismissed
- Possession with intent to distribute cocaine: reduced to simple possession of cocaine
- Misdemeanor domestic assault and battery: dismissed
- Misdemeanor driving on a revoked license: dismissed
- Misdemeanor driving outside of the restricted license terms: dismissed
- Misdemeanor possession of marijuana with intent to distribute: dismissed
- Misdemeanor driving under the influence: not guilty
- Grand larceny: reduced to petty larceny with all jail time suspended
- Felony failure to appear: reduced to misdemeanor failure to appear, all time suspended
- Felony destruction of property: reduced to misdemeanor destruction of property, all time suspended
- Felony conspiracy: nolle prosequi
- Felony attempt: nolle prosequi
- Felony uttering: nolle prosequi
- Misdemeanor possession of marijuana: dismissed
- Misdemeanor obstruction of justice: dismissed
- Driving under the influence (drugs): reduced to reckless driving with no license suspension
- Failure to pay cab fare: nolle prosequi
- Reckless driving: reduced to improper driving
- Misdemeanor driving under the influence: dismissed
Some Client Testimonials
- “Mr. Montagna is interested in what is best for his clients. He has a formula for you to follow, making it easy to see possible resolutions. He ensures you are in your best standing in front of the court. He represents his clients with an assured and confident nature that is alluring to watch. His preparations for his client is top notch. He communicates with law enforcement agents and the courts effectively for his clients; ensuring there are no surprises before you approach the bench. I would highly recommend Mr. Montagna and his employees at his firm to help you when you are in a tight spot. WORTH EVERY PENNY!!” – M.
- “Very energetic and knowledgeable lawyer. While it was an expensive endeavor, he took the time to understand my circumstances and represented me very well to the court. I would use Mr. Montagna again, and would recommend him.” – Dennis S.
- “Mr Montagna has helped me with two cases now, both times he has been professional and helpful. In both cases my charges were reduced and I was very pleased with the results. If I have any other driving incidents or personal injury I will definitely be given Mr montagna a call back.” – Steven E.
- “No one loves their encounters w/the judicial system, but Mr. Montagna and his team were great in providing clear and effective services. He’s a professional who knows what he’s doing and how to advise – I hired him to work on a traffic offense. Moreover, Mr. Montagna is very personable, so that combined with his experience in the field helped make something that could have been quite stressful rather manageable. Would definitely recommend!” – Olivia O.
Cases in the News
- Drug case falls apart against man claiming Norfolk police brutality (The Virginian-Pilot)
- NAACP, police investigating after Norfolk man says officers slammed his face into ground (The Virginian-Pilot)
- ODU streaker wins indecent exposure appeal (The Virginian-Pilot)
Awards
Written By Anthony Montagna, III
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. Practicing since 1993, Anthony has successfully defended individuals charged with serious crimes and traffic offenses like reckless driving and DUI charges.
