Knowing Your Fourth Amendment Rights Could Keep You Out Of Jail

The 2025 Virginia Supreme Court decision in Commonwealth v. Hubbard underscores the complexities of Fourth Amendment protections in drug-related searches. In this case, Shanta Hubbard was convicted of possession with intent to distribute cocaine after an officer performed a warrantless search of his person after initiating a traffic stop.

In Hubbard, a police officer in Lynchburg, Virginia stopped Hubbard for observed traffic violations. According to the officer, he witnessed Hubbard driving erratically and noted that his windows appeared to be tinted beyond the legal limit. After initiating the stop, the officer smelled marijuana, found suspicious items in Hubbard’s vehicle, and conducted a pat-down of Hubbard’s person, feeling a “rock-like object” in his groin area. After Hubbard resisted, the officer briefly pulled back his waistband, revealing cocaine.

Hubbard’s motion to suppress the evidence was denied by the trial court and he was convicted of the charged offenses. On appeal, the appellate court reversed Hubbard’s conviction, reasoning that the search was overly invasive and lacked exigent circumstances to justify a warrantless search. The Virginia Supreme Court disagreed.

Applying the Fourth Amendment’s “objective reasonableness” standard, the Supreme Court found that the search was justified by the existence of probable cause (the odor of marijuana, marijuana shake in the vehicle, and wads of cash), exigent circumstances (including Hubbard’s resistance, that the vehicle stop occurred in a high-crime area, and the possibility of destruction of evidence), and finding that the search involved only a limited intrusion into Hubbard’s privacy (such as no disrobing or penetration).

Although the Fourth Amendment protects the right of the people to be “secure in their persons, houses, papers, and effects,” asserting this right may not be as straightforward as it seem. Rather, the decision in Hubbard shows that courts will permit searches without a warrant if supported by probable cause and accompanied by the existence of exigent circumstances. It is thus critical that you know your rights and are advised by competent legal counsel. If you have been subject to a warrantless search by law enforcement or have a need for experienced legal counsel, Binnall Law Group is here to help.