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ROBINSON v. COM.

Record Nos. 060417, 060426.

639 S.E.2d 217 (2007)

Elisa K. ROBINSON v. COMMONWEALTH of Virginia George F. Robinson v. Commonwealth of Virginia.

Supreme Court of Virginia.

January 12, 2007.

Attorney(s) appearing for the Case

Francis McQ. Lawrence; Jonathan T. Wren, Charlottesville (Robert E. Byrne, Jr.; St. John, Bowling & Lawrence; Martin & Raynor, on briefs), for appellants.

Donald E. Jeffrey, III, Assistant Attorney General (Robert F. McDonnell, Attorney General, Karri B. Atwood, Assistant Attorney General, on briefs), for appellee.

Amicus Curiae: The Virginia Trial Lawyers Association (David B. Hargett; Hargett & Watson, on brief), in support of appellant George F. Robinson.

Present: All the Justices.

OPINION BY Justice ELIZABETH B. LACY.

In these consolidated appeals, we consider whether a warrantless search and seizure within the curtilage of a private residence violated the Fourth Amendment either because the investigating officer (1) did not act within the scope of the implied consent for uninvited individuals, including law enforcement, to enter the curtilage of the residence in order to contact the occupants, or (2) did not have probable cause and exigent...

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