Case StudiesFirearms & WeaponsSaunders v. Commonwealth

Firearms & Weapons Case Study

Saunders v. Commonwealth

📍 Virginia Court of Appeals📅 2013⚖️ Virginia Code § 18.2-308.2

Legal Issue

Whether the search of the defendant's vehicle that revealed the firearm was lawful.

Court Holding

The court suppressed the firearm, finding that the officer lacked probable cause to search the vehicle. The court held that the officer's observation of a bulge under the defendant's seat — without more — did not provide probable cause to believe the vehicle contained contraband or evidence of a crime.

Defense Takeaway

Fourth Amendment suppression is the most powerful tool in firearms cases. If the firearm was discovered during an unlawful search, it must be suppressed — and without the firearm, the charge cannot stand. D.J. Rivera files suppression motions in every firearms case where the search may have been unlawful.

Relevant Virginia Law

This case involves § 18.2-308.2 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.

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