VA: ABC employee firing for excessive administrative search affirmed

Appellant was a agent of the Virginia ABC who conducted an unreasonable and excessive warrantless search of a licensee’s premises, and he was fired for abuse of authority. He appealed through the state grievance procedure claiming the search was legal, but he lost. Osburn v. Va. Dep’t of Alcoholic Bev. Control, 2018 Va. LEXIS 5 (Feb. 22, 2018).

Defendant’s framing of his ineffective assistance of counsel claim based on a failure to pursue a knock-and-announce claim fails. The smell of marijuana occurred before the entry, and the knock-and-announce question isn’t dispositive. Snider v. State, 2018 Tenn. Crim. App. LEXIS 127 (Feb. 22, 2018).*

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