Law for VA LEOs

This week, the U.S. Supreme Court issued a major ruling on law enforcement searches of cellphone and location data held by third parties in the Chatrie "geofence" case that we have discussed many times before. Today we examine this ruling.

Last week, the Court of Appeals ruled unequivocally that merely carrying a firearm, concealed, is not a basis for a stop. However, the Court also ruled unequivocally that it WAS a lawful basis for a stop in 2024. Yet, the Court also ruled unequivocally that it was NOT a lawful basis for a stop in 2020. What is going on?

This month, the General Assembly enacted several new firearms restrictions that will directly affect Virginia law enforcement officers starting July 1, 2026. Today we examine the major new laws signed by the Governor.

In the last two weeks, the Virginia Court of Appeals has issued two rulings finding that temporary detentions were "custody" and required Miranda, one traffic stop and one search warrant execution. We talk about these rulings and what they mean for law enforcement.

Last week, the Virginia Court of Appeals finally resolved an issue raised by the 4th Circuit in 2023 about when and how law enforcement can frisk the bag of an armed suspect. Today we talk about that ruling.

Last week, the US Supreme Court reversed the 2nd Circuit and dismissed a use of non-deadly force lawsuit regarding use of force against a protester. We examine that ruling today.

This month, the Virginia Court of Appeals issued two rulings on whether officers lawfully extended traffic stops, and the 4th Circuit issued another in December. Today we talk about reasonable suspicion and when it becomes probable cause for a search.

Last month, the 4th Circuit refused to dismiss a lawsuit against police officers in Maryland who shot and killed a man who fled while carrying a gun and, they testify, pulled and shot a gun at them. Today we discuss why the court allowed the lawsuit to proceed.

This week, the U.S. Supreme Court issued a ruling in Case v. Montana, which we discussed in Ep. 124. Today we discuss that ruling and what it means for law enforcement.

Two weeks ago, the Virginia Court of Appeals (finally) ruled on whether law enforcement needs a search warrant to use FLOCK license plate reader cameras. Today we discuss that ruling and its implications.

The U.S. Supreme Court announced that in October they will hear a case that could be one of the most significant cases in 20 years on emergency entries into homes. Today, we preview that case and the issues at stake.

Last month, the Court of Appeals reversed the ruling of a trial court suppressing evidence from a search warrant in a murder case. The court also examined issues of exigent circumstances and a search warrant for cellphone location data. We examine the rulings.

In Episode 115, we discussed the potential conviction "sealing" law that was going to take effect in July 2025. This year, the General Assembly made big changes to that system and it will now go into effect in July 2026. Today we talk about the new "sealing" system.

This week, the 4th Circuit issued a ruling in a high-profile police deadly force case, applying the "new" rule announced by the U.S. Supreme Court last month that we discussed in Ep. 120. We talk about the court's ruling and reasoning.

This week, the U.S. Supreme Court issued a highly-anticipated ruling in a deadly force case from Texas - does it change the law? We examine the potential impact in Virginia.

This week, the 4th Circuit issued its much-anticipated En Banc ruling in Chatrie geofence case. We examine the ruling and what it means for lawful process seeking electronic data.

In the last few months, there have been interesting cases on consent to search, including a ruling on a common question regarding consent and searching bags in vehicles.

This week the Governor signed a bill that, starting July 1, 2025, creates a new search warrant process for out-of-state records that are stored electronically. Today we examine that new process.

This month, the 4th Circuit examined when you can search a vehicle incident to arrest, attempting to resolve a 15-year-old question about Arizona v. Gant. This week we examine that thorny question.

On July 1, 2025, Virginia will start "sealing" many felony and misdemeanor convictions from public, court, and criminal justice view. What does that mean? Today we discuss the statute.

In the last few months, three different trial judges have found that FLOCK use by law enforcement was legal, rejecting the Court's ruling from C/w v. Bell in Episode 108. Today we examine those rulings.

In 3 recent cases, the Virginia Court of Appeals has explained how the Exigent Circumstances, Emergency Aid, and Community Caretaker doctrines get confused and how they are different. Today, we talk about how to apply them correctly to avoid confusion.

In the last few weeks, three law enforcement entries into homes have been found unlawful by the Virginia Court of Appeals and 4th Circuit. In one case, an officer was convicted of manslaughter for shooting the resident. This week we examine those rulings.

In June, the US Supreme Court issued two significant rulings on firearms - one involving the 2nd Amendment, and one involving the Federal ban on machine guns. Today we talk about what they mean and what the future holds.

In the last month, we have had 3 cases where courts have affirmed electronic device and data search warrants - One from Virginia on a device, one from the 4th Cir. on a device, and the 4th Circuit's "Geofence" ruling. Today we discuss those rulings.