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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

Today, for episode 100, we have a special guest and will take a look back at Terry v. Ohio.Kirjoittanut E from UE

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?Kirjoittanut E from UE

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.Kirjoittanut E from UE

Today, we continue talking about how courts judge use of force in ECO/TDO cases, and examine three cases in depth on this issue.Kirjoittanut E from UE

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.Kirjoittanut E from UE

This week, we talk about the basic statutes and procedures for ECOs and TDOs in VirginiaKirjoittanut E from UE

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=MLV1aUtSe4Aand https://www.youtube.com/watch?v=xUHR3W7GbNAKirjoittanut E from UE

This week, the Court of Appeals issued a good ruling on vehicle pat downs. We look at the case and the law behind it.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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?Kirjoittanut E from UE

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?Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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."Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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,Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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?Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE

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.Kirjoittanut E from UE