Archive for the ‘Legal Issues’ Category

New VA Moped and Motorcycle Laws

Friday, June 28th, 2013

Mopeds Beginning July 1, 2013, Virginia law requires every moped driver to carry a government-issued photo ID (does not have to be a driver’s license but ideally will show name, address and date of birth) and every driver and passenger must wear a helmet while riding a moped. Drivers must also ...

Miranda: The Definition of Irony

Saturday, June 8th, 2013

After several decades, Ernesto Miranda, the namesake of the "Miranda Warnings", is still probably one of the better known modern criminals. His case, which was combined with several other similar cases being brought before the U.S. Supreme Court, resulted in the necessity to inform suspects that they have a right ...

New Diplomat ID Information

Saturday, October 22nd, 2011

Listed below are two PDF files that are issued by the State Department that can be downloaded by clicking on the links. The first link, Department of State Identity Documents and License Plates, contains samples of identity documents and license plates that are used by legitimate diplomats. In addition, ...

10th U.S. Circuit Understands Duty To Solve Crime

Friday, October 14th, 2011

U.S. v. Burleson, 2011 U.S. App. LEXIS 18820, September 12, 2011 Shortly before midnight, while patrolling a residential neighborhood, an officer saw three men come out of an alley and begin walking down the middle of the street. One of the men was carrying a pit bull without a leash. The ...

Whitaker v. Commonwealth of Virginia

Tuesday, July 19th, 2011

Dr. Jack Call of Radford University, located in Radford, VA, has been kind enough to allow me to re-publish an article he wrote concerning legal issues pertaining to fleeing subjects in high crime areas. As usual, Dr. Call's article is very insightful and practical for the cop on the ...

Can You Complain About Boss On Facebook?

Wednesday, November 10th, 2010

The National Labor Relations Board filed a complaint against American Medical Response after the company fired an employee who criticized her supervisor on Facebook. This is the first time the Labor Board has taken the side of an employee by contending comments made on a social networking site are ...

Travis Stacey Whitehead v. Virginia

Monday, November 9th, 2009

In this case, the Virginia Supreme Court ruled that a positive alert on a vehicle by a trained narcotics detection dog, combined with the subsequent fruitless searches of the vehicle, the driver, and two other passengers, does not provide sufficient particularized probable cause to allow a search of the only ...

Bye, Bye Belton

Saturday, October 31st, 2009

Years ago, while working an off-duty job in an apartment complex, I discovered a subject sitting in a vehicle on the property. The vehicle did not have a decal identifying it as a vehicle that belonged to a resident so I approached the vehicle and asked the occupant for ...

U. S. Supreme Court Ruling: Montejo v. Louisiana

Thursday, June 18th, 2009

I have been remiss in posting this recent U.S. Supreme Court ruling. I think, as mentioned by the Charlottesville, VA Commonwealth Attorney, the operational policies of most jurisdictions will not be impacted by this ruling. However, agencies who do not adhere to a policy of not interviewing defendants ...

Arizona v. Gant – Additional Commentary From VACP

Saturday, April 25th, 2009

The Virgina Association of Chiefs of Police has issued the following additional commentary concerning Arizona v. Gant. In Arizona v. Gant decided by the United States Supreme Court this week, there is a sentence in the majority opinion which is creating a misconception by the media as well as numerous law ...

Revised Virginia Sexual Assault Policy Laws

Friday, September 5th, 2008

As of July 1, 2008, the Virginia laws that dictate the procedures that permit a sexual assault victim to receive a Physical Evidence Recovery Kit (PERK) examination at a health care facility have changed. The amended law does not require the prior approval from the criminal justice system. ...

Loss of ABC License May Result From Gang Activity

Thursday, May 8th, 2008

The 2008 Virginia General Assembly passed HB1117 that permits the revocation of an ABC license if the licensee has allowed his premises to become a meeting place or rendezvous for members of a criminal street gang, as defined in COV § 18.2-46.1. You can read about this and other legislative changes in ...

New Compensation Rules For Deputies Injured On Job

Wednesday, May 7th, 2008

The 2008 Virginia General Assembly passed HB1480 that requires a locality to allow a deputy sheriff injured in the line of duty to use accrued vacation, compensatory, and sick leave to supplement his workers’ compensation allowance, so as to receive 100 percent compensation. It also requires the locality to continue to ...

Legal Updates 2008 – NOW AVAILABLE!

Tuesday, May 6th, 2008

We are pleased to announce the availability of our new on-line Legal Updates 2008 course. This course meets the DCJS legal in-service training requirements. It is also available to any agency so call for pricing details - 540.797.3853 There is even better news for those academies that run their own on-line training systems.  ...