Law for VA LEOs

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.

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?

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.