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

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.