Law for VA LEOs
Education & Explainer
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Podcast by E from UE
Episodes
- Ep. 131 - When is detention "custody" that requires Miranda? Two new rulings from Va. Ct. of App.
The Virginia Court of Appeals issued two recent rulings determining that detentions constituted custody, thus requiring Miranda warnings. This episode discusses these decisions concerning a traffic stop and a search warrant execution, and…
- Ep. 130 - Pat Down of Backpack Lawful - Va. Ct. of App. FINALLY rules on this issue
The Virginia Court of Appeals has ruled on the conditions under which law enforcement can conduct a backpack pat-down of an armed suspect. This decision addresses an issue previously raised by the 4th Circuit.
- Ep. 129 - New Use of Force Ruling from US Supreme Court - Dismisses Lawsuit
The US Supreme Court has reversed the 2nd Circuit and dismissed a lawsuit concerning the use of non-deadly force against a protester. This episode analyzes the details of that decision.
- Ep. 128 - 3 Cases on Length of a Lawful Traffic Stop and RAS for drugs
This episode discusses three recent court cases from the Virginia Court of Appeals and the 4th Circuit concerning the lawful length of traffic stops. It examines the transition from reasonable suspicion to probable cause for searches.
- Ep. 127 - 4th Cir. Refuses Qualified Immunity for Case Where Plaintiff Points and Shoots Gun at Police?
The 4th Circuit declined to dismiss a lawsuit against police officers involved in a shooting. The court's decision allows the case to move forward, addressing the officers' claim of qualified immunity.
- Ep. 126 - Major U.S. Supreme Court Ruling on Emergency Entries
This episode analyzes the U.S. Supreme Court's ruling in Case v. Montana, a case previously discussed in Ep. 124, and explores its significance for law enforcement.
- Ep. 125: Court of Appeals Rules on Flock License Plate Readers (finally!)
This episode of Law for VA LEOs discusses the Virginia Court of Appeals ruling concerning the necessity of search warrants for FLOCK license plate reader cameras and explores the implications of this decision.
- Ep. 124 - U.S. Supreme Court to Hear Emergency Entry Case
The U.S. Supreme Court is set to hear a major case concerning emergency entries into homes in October. This episode provides a preview of the case and outlines the key issues at stake.
- Ep. 123 - Suppression of a Search Warrant Reversed by Court of Appeals - Plus, Exigent Search and CLSI Search Affirmed
The Court of Appeals reversed a trial court's decision to suppress evidence from a search warrant in a murder investigation. The episode also discusses court findings on exigent circumstances and warrants for cellphone location data.
- Ep. 122: "Sealing" - How Virginia finally decided to handle sealing criminal convictions
Virginia
- Ep. 121 - First Deadly Force Ruling by 4th Circuit Since U.S. Supreme Court "Changed" the Law
The 4th Circuit has issued a ruling in a police deadly force case, applying the new legal standard from a recent U.S. Supreme Court decision. The episode covers the court's ruling and its reasoning.
- Ep. 120 - Major New Use of Deadly Force Ruling by U.S. Supreme Court
The U.S. Supreme Court has issued a significant ruling regarding deadly force cases originating from Texas. This episode of Law for VA LEOs discusses whether this decision alters existing law and explores its potential implications for Vir…
- Ep. 119 - 4th Circuit Finally Rules on Geofence Warrants .... Sort Of ...
The 4th Circuit has issued its En Banc ruling in the Chatrie geofence case. The episode analyzes this decision and discusses its meaning for lawful process when seeking electronic data.
- Ep. 118 - Consent: Two New Cases
Episode 118 of Law for VA LEOs covers two recent cases concerning consent to search. One case addresses a common question about consent and the searching of bags within vehicles.
- Ep. 117 - New Search Warrant Process for Out-of-State Records
The Governor has signed a bill creating a new search warrant process for out-of-state electronic records, effective July 1, 2025. This episode will examine the details of this new process.
- Ep. 116 - Search of a Car Incident to Arrest with Less than Probable Cause
This episode discusses the 4th Circuit's examination of vehicle searches incident to arrest, focusing on the ongoing question stemming from Arizona v. Gant.
- Ep. 115: Virginia will start "Sealing" Convictions in 2025 - What does that mean?
Virginia is implementing a new law effective July 1, 2025, that will seal many felony and misdemeanor convictions from public and criminal justice access. The episode will cover the details of this statute.
- Ep. 114 - Three New FLOCK Rulings, No Suppressions
Law for VA LEOs discusses three recent rulings where judges found FLOCK use by law enforcement to be legal, diverging from the C/w v. Bell decision.
- Ep. 113 - Exigent Circumstances, Emergency Aid, Community Caretaker - What's the Difference?
The Virginia Court of Appeals has recently distinguished between Exigent Circumstances, Emergency Aid, and Community Caretaker doctrines in three cases. This episode discusses how to properly apply these legal concepts to prevent confusion.
- Ep. 112 - Three Home Entries Ruled Unlawful - One Results in a Homicide Conviction.
This episode reviews three recent Virginia Court of Appeals and 4th Circuit decisions that deemed law enforcement home entries unlawful. One of these cases led to a manslaughter conviction for an officer involved in a shooting.
- Ep. 111 - 2 New Firearms Rulings from US Supreme Court
The US Supreme Court issued two major firearms rulings in June, addressing the 2nd Amendment and the federal machine gun ban. The episode explores the meaning and future implications of these decisions.
- Ep. 110 - Three Electronic Warrants, All Lawful: 3 New Cases
This episode covers three recent court cases from Virginia and the 4th Circuit that affirmed electronic device and data search warrants. Cases discussed include rulings on device searches and a 'Geofence' decision.
- Ep. 109 - 4th Cir. Doubles Down: Two Searches Incident to Arrest Suppressed; One Search Lawful
This episode discusses recent court decisions suppressing searches incident to arrest, specifically the 4th Circuit
- Ep. 108 - License Plate Reader Evidence Suppressed - What Happened?
Evidence from a FLOCK license plate reader was suppressed by a judge in Norfolk. This episode of Law for VA LEOs examines the specifics of the ruling and its impact on Virginia.
- Ep. 107 - Consent: Words Matter
This episode of Law for VA LEOs discusses two recent Virginia Court of Appeals cases concerning consent searches. The rulings emphasize that the specific words used when seeking consent are critical in determining its validity.
- Ep. 106: When an Arrest Warrant isn't Enough
This episode of Law for VA LEOs discusses the circumstances under which an arrest warrant may be considered invalid or insufficient to provide legal protection for searches and seizures, referencing specific cases.
- Ep. 105 - Stopping an Armed Person - Lawful or Unlawful?
The episode discusses a recent Court of Appeals ruling concerning the lawfulness of stopping individuals based on suspicion of carrying a concealed handgun. It explores how this ruling might conflict with a previous decision from 2020.
- Ep. 104 - Miranda: Murder and Child Rape Convictions Overturned: What Happened?
The Virginia Court of Appeals overturned a murder and a child rape conviction citing Miranda violations. The discussion covers the specifics of these cases and their implications regarding the right to remain silent and potential police co…
- Ep. 103 - Big Case on Social Media Warrants
This episode of Law for VA LEOs covers a significant 4th Circuit ruling on social media warrants. The discussion focuses on the case itself and the lessons for how courts will assess warrants for electronic data.
- Ep. 102 - How to Think: Examining a Complex Search Question
This episode analyzes a case concerning the search of clothing collected from a hospital emergency room. It focuses on methods for dissecting complicated Fourth Amendment search and seizure questions.
- Ep. 101 - When May You Seize a Phone?
This episode of Law for VA LEOs discusses recent legal cases concerning the seizure of phones in plain view as potential evidence of a crime.
- Ep. 100 - Special Guest! Terry v. Ohio: A look back.
Episode 100 of Law for VA LEOs features a special guest discussing the landmark Terry v. Ohio case.
- Ep. 99 - Controversial Stop: Court Affirms, Reverses, then Affirms Robbery Stop
The Court of Appeals revisited a robbery stop case, initially reversing a suppression of evidence, then ruling to suppress evidence in the co-defendant's case. The episode discusses the controversial aspects of this decision.
- Ep. 98 - ECO/TDO Part III: Do ECOs Permit Forced Entry?
This episode of Law for VA LEOs continues the ECO/TDO series by addressing whether an ECO order permits forced entry into a residence.
- Ep. 97 - Use of Force in ECO/TDO Part II
This episode continues the discussion on judicial review of use of force in ECO/TDO cases, presenting detailed examinations of three specific court cases.
- Ep. 96 - Use of Force in ECO/TDO Pt 1.
This episode discusses the Virginia Court of Appeals ruling on a Battery conviction in an ECO case from August. It begins an examination of the standards for the use of force in an ECO/TDO case.
- Ep. 95: ECO & TDO Basics
This episode of Law for VA LEOs covers the fundamental statutes and procedures concerning ECOs and TDOs within Virginia.
- Ep. 94: Deadly force against armed suspect not justified? New case from 4th Circuit.
The 4th Circuit has reinstated a lawsuit concerning the use of force by officers who killed an armed suspect. Links to body camera footage of the incident were provided.
- Ep. 93 - Vehicle Pat-Downs: New Case, Good Law
The Court of Appeals issued a ruling regarding vehicle pat downs. This episode discusses the specifics of the case and the legal background.
- Ep. 92 - An Open Container Is - or Is NOT - Probable Cause: 2 Opposite Rulings on the Same Day!
This episode analyzes two opposing rulings from the Virginia Court of Appeals on the same day regarding whether an open container in a vehicle provides probable cause for a search under Va. Code 18.2-323.1.
- Ep. 91: Probable Cause is Not Enough to Search: New Case
The Court of Appeals has ruled that probable cause is not sufficient grounds for a search if a warrant or an exception to the warrant requirement is absent. This episode of Law for VA LEOs discusses the new case.
- Ep. 90 - Marijuana in 2023: New Laws, New Case
This episode covers the current legal landscape of marijuana in Virginia as of 2023, examining two new legislative changes and a relevant case from the Court of Appeals.
- Ep. 89 - "Reckless" Driving: What is it?
This episode of Law for VA LEOs addresses the legal definition of "Reckless" driving, distinguishing it from "Improper" driving and negligence. It also covers the legal standard required to prove a Reckless Driving charge.
- Ep. 88: ECOs, TDOs: Is "Shall" Meaningless?
This episode of Law for VA LEOs discusses the interpretation of the word "shall" in agency codes. It examines why some agencies may not follow directives that use the term "shall", questioning its consistent meaning.
- Ep. 87 - Three Lawsuits, Three Dismissals - New lawsuits against police this week
The latest episode of Law for VA LEOs discusses three lawsuits recently dismissed against police. The analysis covers two cases from Virginia and one from the 4th Circuit, examining their significance for law enforcement officers.
- Ep. 86 - Fatal Police Shooting Ruling Reversed by 4th Circuit
Episode 86 discusses the 4th Circuit
- Ep. 85: 2 Pat-Downs Suppressed, 1 Affirmed - Lessons for Articulation
Courts suppressed two recent pat-downs of armed felons while affirming one. The episode analyzes how the officers' statements affected the decisions and what can be learned for upcoming cases.
- Ep. 84 - May You Ask a Passenger for ID?
Episode 84 of Law for VA LEOs examines the legal basis for officers to request identification from passengers during traffic stops in Virginia. It details the circumstances, justifications, and methods for such requests, as well as potenti…
- Ep. 83 - Va. Supreme Court Reverses Jury in Police Deadly Force Case
The Virginia Supreme Court has reversed a jury verdict in a police deadly force case. This episode examines the case against the backdrop of a century of Virginia law concerning the use of deadly force by police.
- Ep. 82 - 2023 General Assembly: Marijuana, Traffic Stops, Investigations.
This episode reviews 2023 General Assembly proposals concerning marijuana, THC, and hemp sales, alongside new regulations for law enforcement regarding traffic stops, interviews, and interrogations.