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‘Fourth Amendment’ Category

  1. Obstruction in Virginia — and What It Is NOT

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    October 7, 2026 by Tom Roberts, Esq.

    Civil Rights · Know Your Rights Obstruction in Virginia —and What It Is NOT “Obstruction of justice” is the charge …
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  2. When do I have to identify myself or show my ID in Virginia?

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    May 25, 2026 by Tom Roberts, Esq.

    Roberts Law Practice Areas Blog About Contact Virginia Criminal Defense · Know Your Rights When Do I Have to Identify …
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  3. Legal Analysis of Minnesota Shooting of Alex Pretti by Civil Rights Law Firm

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    January 26, 2026 by Tom Roberts, Esq.

    Justice and Civil Rights, It’s In Our Blood Note: This article addresses civil liability rather than criminal liability. Is the …
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  4. Choosing a Personal Injury Law Firm in Virginia

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    August 16, 2025 by Tom Roberts, Esq.

    What to look for in a Virginia personal injury law firm, and what Thomas H. Roberts & Associates, P.C. brings to your case.


  5. Defense to Trespass in Virginia – bona fide claim of right plus evidence that your claim of right amounted to, at minimum, a facially valid authorization

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    July 7, 2025 by Tom Roberts, Esq.

    Virginia law requires that you have some evidence of authorization to support the bona fide claim of right defense for crimiinal trespass charge.


  6. When is force unreasonable and excessive in executing a search warrant?

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    February 5, 2025 by Tom Roberts, Esq.

    Virginia Personal Injury & Civil Rights Law Firm

    The test does not use hindsight nor whether it was the “least possible destructive means to execute a search warrant.”  It is the “excessive or unnecessary destruction of property.”


  7. CPS wrongfully took my child in Virginia. Can I sue CPS?

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    January 3, 2025 by Tom Roberts, Esq.

    CPS worker may be liable if he/she fails to follow the strict Virginia laws regarding removing a child or has no legitimate basis to believe the child should be removed in the first place.


  8. Nazario Establishing Law in the Fourth Circuit

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    June 2, 2024 by Tom Roberts, Esq.

    Nazario Continues His Fight For U.S. Freedoms To read the full opinion click here: Fourth Circuit Opinion 5-31-2024 To read …
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  9. QUALIFIED IMMUNITY – TIME TO REMOVE THIS STAIN UPON THE JUDICIARY

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    May 23, 2024 by Tom Roberts, Esq.

    In 1871 Congress enacted the Ku Klux Klan Act of 1871 to provide protections against wrongs being perpetrated on citizens …
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  10. Nazario’s Fourth Circuit Arguments – 3/19/2024

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    March 21, 2024 by Tom Roberts, Esq.

    Nazario Appeal Arguments before the United States Fourth Circuit Court of Appeals On March 19, 2024, Nazario asked a three …
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  11. Lt. Caron Nazario update – Town of Windsor Settles suit by Virginia Attorney General – 9/7/2023

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    September 7, 2023 by Tom Roberts, Esq.

    Settlement by Town of Windsor 9/7/2023 – The Town of Windsor Virginia settles the suit brought against it stemming from …
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  12. I just want to consult a Virginia lawyer!

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    August 24, 2023 by Tom Roberts, Esq.

    Telephone & Zoom Consultations Zoom Legal Consultation with a Virginia Lawyer Sometimes you just need to speak to a Virginia …
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  13. Can I sue police for a retaliatory charge in Virginia?

    Comments Off on Can I sue police for a retaliatory charge in Virginia?

    February 24, 2023 by Tom Roberts, Esq.

    image of constitution us

    Retaliatory charges are illegal in Virginia and violate your constitutional rights.


  14. Lt. Nazario’s successes in litigation

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    January 31, 2023 by Tom Roberts, Esq.

    Despite the shocking jury verdict, Lt. Nazario faithfully served his country and his oath to support and defend the Constitution …
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  15. Police Brutality – Tyre Nichols

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    January 27, 2023 by Tom Roberts, Esq.

    Critical legal analysis of the Memphis Police brutal beating of Tyre Nichols by Civil Rights Attorney Tom Roberts – Tyre Nichols had a right to run for his life due to excessive use of force by Memphis Police


  16. Can I sue somebody for putting an electronic tracker on my car?

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    October 26, 2022 by Tom Roberts, Esq.

    Answer: Yes, but you are not likely to get the damages you hoped to get. It is illegal in Virginia …
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  17. Striving for American Ideals

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    July 23, 2021 by Tom Roberts, Esq.

    Commentary – Striving for American Ideals Early in our nation’s history the concept of equality and freedom in religion and …
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  18. Lt. Nazario v Town of Windsor Police Officers – Official Update

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    May 6, 2021 by Tom Roberts, Esq.

    Because this important civil rights case highlights the need for national attention and reform – this page will serve the …
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  19. Suit Filed in Norfolk Against Windsor Police for Civil Rights Violations against Lt. Caron Nazario

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    April 8, 2021 by Tom Roberts, Esq.

    TO READ THE LATEST UPDATES – CLICK HERE Nazario v Gutierrez & Crocker, Case 2:21-cv-00169 -Filed 04/02/21 Eastern District of …
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  20. WHY THE LEE MONUMENT LAWSUIT AGAINST RPD?

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    July 4, 2020 by Tom Roberts, Esq.

    QUESTION: “I would like to know why you think dispersing an unruly crowd with non-lethal means is a civil rights …
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  21. THIS HAS TO STOP! – police brutality – Class Action filed against Richmond Police officers.

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    June 16, 2020 by Tom Roberts, Esq.

    Civil Rights Law Firm of Thomas H Roberts & Associates PC Protecting 1st Amendment Rights Under United States Constitution! Summary: …
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  22. How do I get a copy of the search warrant, affidavit and return

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    March 4, 2020 by Tom Roberts, Esq.

    So, the police have searched your home but didn’t give you a copy of the warrant, the affidavit upon which …
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  23. Civil Rights In Virginia – Upheld by Virginia’s Highest Court – 2020

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    January 16, 2020 by Tom Roberts, Esq.

    Virginia’s Highest Court Confirms That It Will Not Tolerate Virginia Law Enforcement Violations Of  The 4th Amendment To The U.S. …
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  24. 2018 – Virginia Accepts 2 Civil Rights Appeals to Address Sovereign Immunity Issues

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    December 19, 2018 by Tom Roberts, Esq.

    Virginia Supreme Court grants two petitions to address sovereign immunity issues argued by Virginia’s Civil Rights Law Firm – Thomas …
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  25. Police pointed weapon at me – is that excessive?

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    May 8, 2018 by Tom Roberts, Esq.

    Question:  Is it a violation of the Fourth Amendment for an officer to aim his loaded weapon at a person where …
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  26. Civil Rights Law Firm Lands A Jury Verdict for Police Misconduct

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    April 29, 2017 by Tom Roberts, Esq.

    April 28, 2017 – Civil Rights Victory in Petersburg–Jury Verdict For Police Misconduct.   A Petersburg jury awarded damages against former Petersburg …
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  27. Rights mean nothing unless those we do not like are afforded those rights.

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    January 29, 2016 by Tom Roberts, Esq.

    Thomas H. Roberts & Associates, PC represents people that many in society don’t like and would prefer had no rights. …
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  28. Una Pregunta: ¿Puede la policía registrar a mi Coche sin tener un orden de registro?

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    February 13, 2014 by Tom Roberts, Esq.

    English -Can the Police Search My Vehicle without a Warrant Una Pregunta: ¿Puede la policía registrar a mi Coche sin …
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  29. Can the Police Detain a Witness Who They do not of Suspect Wrongdoing?

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    February 11, 2014 by Tom Roberts, Esq.

    Question: Can the Police Detain a Witness Who They do not of Suspect Wrongdoing? Answer: Yes – but only under …
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  30. A summary of the law related to Searching Minors

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    January 13, 2014 by Tom Roberts, Esq.

    En Español Searches of Minors Summary: Minors are protected by the Fourth Amendment, but have fewer rights (less expectation of …
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  31. Can the police search my vehicle without a warrant?

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    October 17, 2013 by Tom Roberts, Esq.

    En Español Q. Can the police search my car without a warrant? A. Yes, if the car is readily mobile …
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  32. Can I keep my handgun or firearm in the secured but unlocked glove box or console of my car in Virginia?

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    July 15, 2013 by Tom Roberts, Esq.

    Q. Is it legal to have a handgun or other firearm in the unlocked but secured glove box or console …
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  33. Unreasonable Force in “Terry Stop” Gives Rise to Officer Liability

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    February 9, 2013 by Tom Roberts, Esq.

    En Español Civil rights · Jury verdict · Richmond Circuit Court Unreasonable Force in “Terry Stop” Gives Rise to Officer …
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  34. Fourth Amendment Law

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    January 1, 2000 by Tom Roberts, Esq.

    Fourth Amendment to the United States Constitution “The right of the people to be secure in their persons, houses, papers, …
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