Law for VA LEOs

In the last couple of weeks, the Courts have suppressed two searches incident to arrest, as the 4th Circuit doubled-down on its ruling from US v. Davis restricting search incident to arrest. Still, one case from this week provides a potential alternative. We discuss the cases.

Last month, a local judge suppressed evidence obtained from a FLOCK license plate reader system in Norfolk. This week, we talk about what the case ruled and what it means for Virginia.

In determining whether consent is a valid basis for a search, your words matter - and 2 recent Virginia Court of Appeals cases demonstrate that. We examine those recent rulings.

When is an arrest warrant invalid? When does an arrest warrant fail to provide you with legal protection for your search or seizure? We talk about a recent case from Virginia and another from the 4th Circuit on this issue.

This week, the Court of Appeals ruled on whether an officer can stop someone on suspicion of carrying a handgun concealed. The ruling appears to contradict a ruling from 2020 - today we examine what is happening here.

This week, the Virginia Court of Appeals reversed a Murder conviction and reversed a child rape conviction, both for Miranda violations. We talk about what happened and what we can learn from these rulings about the right to remain silent and potentially coercive tactics.

This month, the 4th Circuit issued a significant ruling on social media warrants. Today, we dive into the case and talk about lessons for how courts will evaluate warrants for electronic data.

Today, we look at a case involving the search of clothing collected from a hospital ER, and what it teaches us about how to analyze complicated 4th Amendment questions.

Today we talk about several recent cases discussing if and when a phone can be seized in "plain view" as containing evidence of a crime.

Today, for episode 100, we have a special guest and will take a look back at Terry v. Ohio.

This week, the Court of Appeals reversed a decision to suppress evidence in a Robbery stop, after already reconsidering the case, and ruling to suppress evidence in the co-defendant's case. Why was this case so controversial?

In Part III of our ECO/TDO series, we examine the question of whether an ECO order provides authority to force entry into a residence.

Today, we continue talking about how courts judge use of force in ECO/TDO cases, and examine three cases in depth on this issue.

In August, the Virginia Court of Appeals affirmed a Battery conviction for a police officer in an ECO case. Today, we start talking about the standards for use of force in an ECO/TDO case.

This week, we talk about the basic statutes and procedures for ECOs and TDOs in Virginia

This week, the 4th Circuit reinstated a use of force lawsuit against officers who shot and killed an armed suspect. Here are links to the body camera videos: https://www.youtube.com/watch?v=MLV1aUtSe4A and https://www.youtube.com/watch?v=xUHR3W7GbNA

This week, the Court of Appeals issued a good ruling on vehicle pat downs. We look at the case and the law behind it.

This week, the Court of Appeals issued two contradictory rulings on whether finding an open container in a vehicle is probable cause to search for more alcohol in a vehicle, under Va. Code 18.2-323.1. We look at these rulings to determine what the rule really is.

This week, we discuss a ruling from the Court of Appeals that mere Probable Cause, without a warrant or an exception to the warrant requirement, is insufficient to search a person.

What's the state of the law regarding Marijuana in Virginia in 2023? We look at two new laws and a new case from the Court of Appeals.

What exactly is "Reckless" driving, and what makes it difference from "Improper" driving, or just negligence? In this listener-requested episode, we talk about the legal standard to prove a Reckless Driving charge.

Have you been frustrated that some agencies don't do what the Code says they "Shall" do? What if I told you "Shall" does not always mean "Shall"? Today we talk about why that matters.

This week, the Courts dismissed three different lawsuits against police, two in Virginia, and another from the 4th Circuit as well. We analyze the cases and what they mean for law enforcement officers.

This week, the 4th Circuit reversed a dismissal of a fatal police shooting from North Carolina. We examine that ruling and the cases that the Court examined in making its ruling.

In the last 2 months, the Courts have suppressed two pat-downs of armed felons, and only affirmed one. How did the officers' articulations of the facts help or hurt them, and what lessons are there for future cases?