Law for VA LEOs: Recent Episodes
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In the last month or so, the 4th Circuit has issued three rulings in three different deadly force cases, dismissing each lawsuit. Today we talk about why these cases were so clear and what made them different from previous rulings from the 4th Circuit
This week, we talk about restrictions that the General Assembly imposed on law enforcement regarding facial coverings, displaying your name/badge#/agency, informants, and facial recognition technology.
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.
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.
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.
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 South 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?
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.
This week, we talk about a new case from the Court of Appeals regarding a man who had just assaulted his girlfriend with a gun - the Court of Appeals says it was not an exigent circumstance, and we will talk about why.
We use the word "hearsay" all the time, but what does that really mean? Today, in light of a recent case, we examine the idea of hearsay and what makes something hearsay or not in a criminal trial.
Today, in Part 2 of our series on obtaining financial records, we talk about the Federal tools for law enforcement to obtain financial records in fraud, violent crimes, and other investigations.
The law regarding obtaining financial records for law enforcement in Virginia can be confusing. Today we talk about the Virginia legal tools for law enforcement to obtain financial records in fraud, violent crimes, and other investigations.
We have often reviewed the law about use of force against citizens - but what are the rules for use of force against inmates? The rules for pretrial detainees & inmates serving sentences are very different, and today we talk about how the rules are different.
This week, the 4th Circuit decided a case involving a police stop of a young man with a rifle. We talk about how to deal with cases where someone is openly carrying a firearm - which is lawful - but you believe they may have unlawful intentions.
Last week, the US Supreme Court issued a new ruling on whether police can enter a home in "Hot Pursuit" of misdemeanor suspects. Today, we talk about the ruling and what it means for Virginia law enforcement.
Virginia's New Marijuana Law takes effect July 1. Today, we look at some "frequently asked questions" regarding the new law, especially about personal use versus PWID, home cultivation, limits on possession, and traffic stops.
This week, the U.S. Supreme Court sent a case back to the lower courts where officers entered a house in response to a domestic call. Today, we talk about this case and questions about police entries into homes for domestic calls, burglary calls, and calls where someone may be in danger. We also talk about the new Virginia Search Warrant rules and how exigent circumstances might affect those rules.
This week, in a new ruling, the US Supreme Court rejected an entry into a home and a seizure of firearms based on the "community caretaker" doctrine. But what does this case mean for law enforcement's ability to respond when someone's life or health is in danger inside a home?
On Friday, May 8, the Fourth Circuit handed down an important ruling in U.S. v. Davis, regarding searches incident to arrest. The case puts significant limits on law enforcement authority to search arrestees incident to arrest. Today, we discuss this case and what it means.
Today we talk about more new laws that take effect July 1, including a huge change to Robbery law, new rules on signing traffic summonses, a ban on facial recognition, cellphone use for juvenile drivers, and protective orders for older and for vulnerable adults.
Last week, Virginia became the first southern state to "legalize" Marijuana. But the statute is actually very complicated and many of the provisions don't take effect for months or years from now. Today, we examine the statute and review the details.
The Governor signed several bills recently that make some big and some small changes to Virginia law. Today, we talk about changes to FOIA law, elimination of the Death Penalty, elimination of punishments for multiple thefts, elimination of the Habitual Offender statute, and new laws on firearms at polling places and overdose immunity.
The General Assembly's changes to when you may and may not stop a car for violating the law took effect on March 1. Today, we analyze these changes and what they mean - from headlights to tail lights to defective equipment.
The new search warrant law that went into effect on March 1, 2021 has generated many questions. Today we look at some of the common questions about the statute.
Today, March 1, the Governor signed SB 1475 and it has become law, enacting the changes we discussed in last week's episode. This episode replaces an earlier version we posted online this morning, before that had taken place.
On March 1, the new Search Warrant law from the Special Session is set to take effect - but a "fix" is about to reach the Governor's desk this week. Either way, Search Warrant law in Virginia is about to change significantly, and we talk about the changes today.
This week, the 4th Circuit issued a new case on Qualified Immunity for law enforcement, and the General Assembly acted on proposed statutes for law enforcement liability. We discuss what all that means for Va. LEOs.
You can't be a police officer without relying on informants - citizens, victims, other officers, and criminals - to make traffic stops, get search warrants, or investigate crimes. Today, we talk about how the courts weigh information you get from others, and two new cases this week about that issue.
The General Assembly started, this week, to hear new proposed bills. We talk about 4 of them, concerning police liability, mandatory compliance with investigations (& Garrity), FOIA, & assault on law enforcement.
In this episode, we talk about hotels: When do guests have a lawful expectation of privacy, when can you examine records, and when exigent circumstances allow warrantless entry.
Today, we talk about two recent cases where police responded to a dispatch for a "man carrying a gun." What does the 4th Amendment permit law enforcement to do? Can you detain the person? Frisk the person?
The 2021 General Assembly is gearing up to be as controversial as the Special Session. How does this process actually happen? Today we delve into the legislative process to demystify "how a bill becomes a law" in Virginia.
This week, we talk about 2 new cases from the Court of Appeals about Miranda - One that considers whether a person is in custody in a hospital, and another about talking to a person after he invoked his right to remain silent.
In our third episode on the 2020 Special Session, we discuss some new laws about traffic stops, marijuana investigations, defendant sentencing and "earned sentence credits." Note: Most of these bills do not go into effect until March 1, 2021.
In our second episode on the 2020 Special Session, we discuss some new laws about Civilian Review Boards, procedures for decertification of law enforcement officers, and new mandatory training and training standards at DCJS.
The Va. General Assembly is wrapping up its "Special Session" - today we talk about two new sets of laws they passed, on Use of Force and on Search Warrants
This week, the Virginia Supreme Court issued a significant ruling about License Plate Readers. What does it mean for law enforcement use of this, and other such technologies, in Virginia?
When does the 4th Amendment restrict entries and arrests in the "curtilage" of a home? A new case from the Court of Appeals this week highlights a challenging issue for law enforcement in Virginia.
In part three of our series on civil disturbances, we talk about Obstruction by Threats and Escape - what conduct qualifies and what conduct does not qualify as obstruction under Parts B, C, D, and E of 18.2-460 in Va.?
In part two of our series on civil disturbances, we talk about Obstruction of Justice - what conduct qualifies and what conduct does not qualify as obstruction under Part A of 18.2-460 (Passive Obstruction) in Va.?
In part one of our series on civil disturbances, we talk about Disorderly Conduct - what conduct qualifies and what conduct does not qualify as disorderly conduct in Va.?
This coming week, the Virginia House will consider proposed changes to how courts in Virginia would judge the use of deadly force. We talk about these proposals and what they would mean for Virginia LEOs.
Among the "police reform" bills proposed are a House and a Senate Bill that make violations for marijuana possession and many traffic offenses "secondary offenses" - you cannot stop someone for violations unless you have another offense. We talk about what that might mean and how the proposals are different.
What are "Garrity" rights? What does the 5th Amendment say about economic compulsion? One of the bills that passed the Va. house this week requires that officers answer questions in IA investigations or suffer dismissal, demotion or other sanction. We talk about Garrity and the rules about economic coercion under the 5th Amendment.
The Virginia Senate has passed bills on Assault on Law Enforcement and Search and Seizure, and the the Va. House Courts committee recommended creating several new types of lawsuits against police. What do these proposals mean? We examine them here.
Two new cases raise interesting questions: When is running "Obstruction" and when are police "Trespassing" on property?
You stop a car and get an alert that the passenger may be armed. Can you rely on that? What can you lawfully do? We discuss three cases this week on the "collective knowledge" doctrine.
You stop a car for a traffic violation. A passenger appears to be armed. What can you do? We talk about three recent cases.
Hearing gunshots from a complex with 2 recent homicides and 6 other shootings, you rush to the scene and arrive within 30 seconds of 911 calls for help. People are running everywhere - what can you do? The 4th Circuit's ruling in US v. Curry is fractious and controversial and we discuss it today.
How do you serve a search warrant when a digital device is locked? When is a search warrant "served" under the law when you have to work on the device to get it open? We talk about those issues here today.
Part One of our discussion of Search Warrants for Digital Devices - When do you need to get a Search Warrant for Digital Devices?
What are the legal requirements to obtain the contents of someone's past communications over the phone or Internet? What role does encryption play?
What are the legal requirements to obtain a Pen Register/Trap and Trace Order from an electronic service provider? How does that relate to the Search Warrant for Real Time Location Data?
What are the legal requirements to obtain subscriber data from an electronic service provider?
What are the fundamental concepts you need to know to do electronic evidence investigations?
Ep. 12 of Law for Virginia LEOs - On July 1, the Va. Supreme Court enacted new discovery rules for felony cases. What do you need to know?
Ep. 11 of Law for VA. LEOs: What are the new laws taking effect July 1, and how will they affect your job? Part Two of Two.
Ep. 10 of Law for VA. LEOs: What are the new laws taking effect July 1, and how will they affect your job? Part One of Two.
Ep. 9 of Law for Virginia LEOs - How might the law change regarding searches of homes and searches of people after marijuana decriminalization?
Episode 8 of Law for Va LEOs. On July 1, 2020, Virginia will decriminalize the simple possession of marijuana. What will change about vehicle searches based on the odor of marijuana?
Episode 7 of Law for Va LEOs. On July 1, 2020, Virginia will decriminalize the simple possession of marijuana. What are the specific changes in the law?
Episode 6 of Law for Va LEOs. What does the future hold for use of force law in the state and federal system?
Episode 5 of Law for Va LEOs. Criminal prosecution for Use of Force. Two recent cases, one deadly, one non-deadly, in Virginia courts on use of force.