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Recent episodes
Ep. 131 - When is detention "custody" that requires Miranda? Two new rulings from Va. Ct. of App.
May 3, 2026
Unknown duration
Ep. 130 - Pat Down of Backpack Lawful - Va. Ct. of App. FINALLY rules on this issue
Apr 19, 2026
Unknown duration
Ep. 129 - New Use of Force Ruling from US Supreme Court - Dismisses Lawsuit
Mar 29, 2026
Unknown duration
Ep. 128 - 3 Cases on Length of a Lawful Traffic Stop and RAS for drugs
Mar 8, 2026
Unknown duration
Ep. 127 - 4th Cir. Refuses Qualified Immunity for Case Where Plaintiff Points and Shoots Gun at Police?
Feb 7, 2026
Unknown duration
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| Date | Episode | Description | Length | ||||||
|---|---|---|---|---|---|---|---|---|---|
| 5/3/26 | Ep. 131 - When is detention "custody" that requires Miranda? Two new rulings from Va. Ct. of App. | 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. | — | ||||||
| 4/19/26 | Ep. 130 - Pat Down of Backpack Lawful - Va. Ct. of App. FINALLY rules on this issue | 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. | — | ||||||
| 3/29/26 | Ep. 129 - New Use of Force Ruling from US Supreme Court - Dismisses Lawsuit | 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. | — | ||||||
| 3/8/26 | Ep. 128 - 3 Cases on Length of a Lawful Traffic Stop and RAS for drugs | 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. | — | ||||||
| 2/7/26 | Ep. 127 - 4th Cir. Refuses Qualified Immunity for Case Where Plaintiff Points and Shoots Gun at Police? | 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. | — | ||||||
| 1/17/26 | Ep. 126 - Major U.S. Supreme Court Ruling on Emergency Entries | This week, the U.S. Supreme Court issued a ruling in Case v. Montana, which we discussed in Ep. 124. Today we discuss that ruling and what it means for law enforcement. | — | ||||||
| 11/2/25 | Ep. 125: Court of Appeals Rules on Flock License Plate Readers (finally!) | Two weeks ago, the Virginia Court of Appeals (finally) ruled on whether law enforcement needs a search warrant to use FLOCK license plate reader cameras. Today we discuss that ruling and its implications. | — | ||||||
| 8/24/25 | Ep. 124 - U.S. Supreme Court to Hear Emergency Entry Case | The U.S. Supreme Court announced that in October they will hear a case that could be one of the most significant cases in 20 years on emergency entries into homes. Today, we preview that case and the issues at stake. | — | ||||||
| 8/17/25 | Ep. 123 - Suppression of a Search Warrant Reversed by Court of Appeals - Plus, Exigent Search and CLSI Search Affirmed | Last month, the Court of Appeals reversed the ruling of a trial court suppressing evidence from a search warrant in a murder case. The court also examined issues of exigent circumstances and a search warrant for cellphone location data. We examine the rulings. | — | ||||||
| 7/23/25 | Ep. 122: "Sealing" - How Virginia finally decided to handle sealing criminal convictions | In Episode 115, we discussed the potential conviction "sealing" law that was going to take effect in July 2025. This year, the General Assembly made big changes to that system and it will now go into effect in July 2026. Today we talk about the new "sealing" system. | — | ||||||
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| 6/7/25 | Ep. 121 - First Deadly Force Ruling by 4th Circuit Since U.S. Supreme Court "Changed" the Law | 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. | — | ||||||
| 5/17/25 | Ep. 120 - Major New Use of Deadly Force Ruling by U.S. Supreme Court | 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. | — | ||||||
| 5/3/25 | Ep. 119 - 4th Circuit Finally Rules on Geofence Warrants .... Sort Of ... | 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. | — | ||||||
| 4/21/25 | Ep. 118 - Consent: Two New Cases | 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. | — | ||||||
| 3/21/25 | Ep. 117 - New Search Warrant Process for Out-of-State Records | 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. | — | ||||||
| 12/13/24 | Ep. 116 - Search of a Car Incident to Arrest with Less than Probable Cause | 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. | — | ||||||
| 11/16/24 | Ep. 115: Virginia will start "Sealing" Convictions in 2025 - What does that mean? | 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. | — | ||||||
| 10/20/24 | Ep. 114 - Three New FLOCK Rulings, No Suppressions | 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. | — | ||||||
| 9/21/24 | Ep. 113 - Exigent Circumstances, Emergency Aid, Community Caretaker - What's the Difference? | 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. | — | ||||||
| 8/15/24 | Ep. 112 - Three Home Entries Ruled Unlawful - One Results in a Homicide Conviction. | 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. | — | ||||||
| 7/27/24 | Ep. 111 - 2 New Firearms Rulings from US Supreme Court | In June, the US Supreme Court issued two significant rulings on firearms - one involving the 2nd Amendment, and one involving the Federal ban on machine guns. Today we talk about what they mean and what the future holds. | — | ||||||
| 7/20/24 | Ep. 110 - Three Electronic Warrants, All Lawful: 3 New Cases | In the last month, we have had 3 cases where courts have affirmed electronic device and data search warrants - One from Virginia on a device, one from the 4th Cir. on a device, and the 4th Circuit's "Geofence" ruling. Today we discuss those rulings. | — | ||||||
| 7/6/24 | Ep. 109 - 4th Cir. Doubles Down: Two Searches Incident to Arrest Suppressed; One Search Lawful | In the last couple of weeks, the Courts have suppressed two searches incident to arrest, as the 4th Circuit doubled-down on its ruling from US v. Davis restricting search incident to arrest. Still, one case from this week provides a potential alternative. We discuss the cases. | — | ||||||
| 6/15/24 | Ep. 108 - License Plate Reader Evidence Suppressed - What Happened? | Last month, a local judge suppressed evidence obtained from a FLOCK license plate reader system in Norfolk. This week, we talk about what the case ruled and what it means for Virginia. | — | ||||||
| 6/8/24 | Ep. 107 - Consent: Words Matter | In determining whether consent is a valid basis for a search, your words matter - and 2 recent Virginia Court of Appeals cases demonstrate that. We examine those recent rulings. | — | ||||||
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