Law for VA LEOs

This week we look at the law regarding asking ID from passengers in a traffic stop. When, why, and how can you ask passengers for their ID, and are there any limits on that authority?

This week, the Virginia Supreme Court reversed a jury verdict in a deadly force case. Today, we examine the case in the context of 100 years of Virginia law regarding police use of deadly force.

The General Assembly started their 2023 session last week and there are several interesting proposals on Marijuana, THC, and Hemp sales, as well as proposed rules for law enforcement traffic stops, interviews & interrogations. We review the proposals in this episode.

A recent case from the Ct. of Appeals highlights the challenges in obtaining valid Miranda waivers from individuals who are intoxicated, impaired, or otherwise may argue they did not understand their rights or the waiver. Today we discuss the issues in this case.

In the last 2 months, we have had two new cases from the courts on the lawful length of a traffic stop - today we talk about those cases and examine the lessons from both.

Today is part two of our series on DUI cases. We talk about the basics of Probable Cause for DUI and what is required to admit a certificate of analysis at trial in a DUI case and in a refusal case.

This week we begin a two-part series on DUI and examine the lawful basis for DUI stops, as well as stops for BOLO alerts, based on a question from a listener.

Today we examine an old question in Virginia law, which is still a challenge in the law today: When does a threat become a criminal act? We talk about a recent case, old cases, and Virginia statues to answer the question.

What exactly does "Probable Cause" mean? This month, there were two new cases on plain view that are really about the meaning of "probable cause."

Just 4 months after ruling a pat down of a fanny pack was unlawful, the 4th Circuit ruled this week that another pat down of a fanny pack WAS lawful. Why was this case different? We examine the case and other recent pat down and search cases.

What is the law when you can do a show-up, or a single-photo identification, versus a photo array? This week we talk about the law and best practices in suspect identification.

This week, we got two new laws on Marijuana at the last minute, going into effect July 1, 2022, as well as a surprising new case suppressing a searches based on Marijuana possession. Today, we discuss both.

In the last few weeks, the Court of Appeals has suppressed two consent searches in rulings that you may find surprising. Today we examine those rulings.

In a traffic stop (or any detention), the 4th Amendment sets strict limits on how long you can detain a person. Today, we talk about two new cases from January, 2022 on how long police can detain a person during a traffic stop.

This week is Part II of our "New Laws" for 2022 series. We talk about bills regarding ECOs & TDOs, Marcus Alerts, Financial Exploitation, Law Enforcement Firearms, Retired Law Enforcement Officers, and Facial Recognition Technology.

The General Assembly has passed and the Governor has signed several new laws that we discuss today: Changes to FOIA, Search Warrants, Arrest/Summons Quotas, Catalytic Converter Thefts, and Venue for certain crimes,

This legislative session, the General Assembly declined to "re-enact" Marijuana legalization - what does that mean for the marijuana law in Virginia now? We dive into the details today.

In the last couple of weeks, a US District Court and a Fairfax Circuit Court issued rulings on so-called "geofence" warrants directed to Google, seeking Google location data. This week, we review those rulings in detail.

Today, we talk about a new case from the 4th Circuit, U.S. v. Buster, that says that officers could not pat down a bag strapped to the chest of a suspect in a recent shooting. What does this case really mean?

Financial exploitation cases by caretakers are challenging to investigate and prove, but today we talk about 2 recent Court of Appeals cases that are useful to hold perpetrators accountable.

In Part Two of our series, we talk about the crime of Conspiracy in Virginia - how do you prove it, and why you would want to. We also talk about 2 new cases regarding Conspiracy from Virginia courts.

Under Virginia law, what makes someone guilty of "conspiracy"? What makes someone guilty as an accessory, or an "aider and abettor"? In this two-part series, we examine the fundamentals of Virginia law regarding accessories to crimes and the law of conspiracy. This episode is Part One, where we address the law of accessories and principals.

This week, a new case from the Court of Appeals examines what law enforcement can lawfully do when approaching a home - both in the "curtilage" and in an "open field" under the Fourth Amendment.

This week, we talk about two new cases from the Virginia Courts on Emergencies in the home - overdoses and suicide attempts - and what the 4th Amendment says that law enforcement may do to assist people in danger.

Last week, the US Supreme Court handed down two new rulings on police use of force - one deadly, one non-deadly. While the Court relied on Qualified Immunity, the cases tell us something about how lower courts have been judging use of force by police, even in very dangerous situations.