Law for VA LEOs

Latest Episodes:

Ep. 117 - New Search Warrant Process for Out-of-State Records Mar 21, 2025

Show notes

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.

Ep. 116 - Search of a Car Incident to Arrest with Less than Probable Cause Dec 13, 2024

Show notes

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.

Ep. 115: Virginia will start "Sealing" Convictions in 2025 - What does that mean? Nov 16, 2024

Show notes

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.

Ep. 114 - Three New FLOCK Rulings, No Suppressions Oct 20, 2024

Show notes

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.

Ep. 113 - Exigent Circumstances, Emergency Aid, Community Caretaker - What's the Difference? Sep 21, 2024

Show notes

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.

Ep. 112 - Three Home Entries Ruled Unlawful - One Results in a Homicide Conviction. Aug 15, 2024

Show notes

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.

Ep. 111 - 2 New Firearms Rulings from US Supreme Court Jul 27, 2024

Show notes

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.

Ep. 110 - Three Electronic Warrants, All Lawful: 3 New Cases Jul 20, 2024

Show notes

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.

Ep. 109 - 4th Cir. Doubles Down: Two Searches Incident to Arrest Suppressed; One Search Lawful Jul 06, 2024

Show notes

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.

Ep. 108 - License Plate Reader Evidence Suppressed - What Happened? Jun 15, 2024

Show notes

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.

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