Ep. 135 - New Legal Restrictions on Law Enforcement: Masks, Informants, Badge Numbers, Facial Recognition - General Assembly 2026

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.

This week, the U.S. Supreme Court issued a major ruling on law enforcement searches of cellphone and location data held by third parties in the Chatrie "geofence" case that we have discussed many times before. Today we examine this ruling.

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.

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.