DCJS Virginia Laws and Legal Procedures Questions and Answers — Questions and Answers
Question 1: Under Virginia law, a law enforcement officer may arrest a person for a misdemeanor without a warrant under which of the following circumstances?
- For any misdemeanor, as long as the officer has probable cause.
- Only for misdemeanors that result in property damage.
- When the misdemeanor is committed in the officer's presence, or for certain enumerated offenses not committed in their presence. (Correct answer)
- A warrant is always required for a misdemeanor arrest in Virginia.
Correct answer: When the misdemeanor is committed in the officer's presence, or for certain enumerated offenses not committed in their presence.
Virginia Code § 19.2-81 authorizes a law enforcement officer to arrest without a warrant for any crime committed in the officer's presence. It also provides specific exceptions for certain misdemeanors not committed in their presence, such as assault and battery, shoplifting, or brandishing a firearm, when the arrest is based on probable cause and a reasonable complaint from a witness.
Question 2: A Virginia law enforcement officer is executing a search warrant for a private residence. According to the Code of Virginia, what is the standard timeframe for the initial entry to execute the warrant?
- Any time of day or night, as long as the warrant is valid.
- Between 8:00 a.m. and 5:00 p.m., unless a judge or magistrate authorizes another time for good cause. (Correct answer)
- Only during daylight hours, defined as sunrise to sunset.
- Within 24 hours of the warrant being issued, at any time.
Correct answer: Between 8:00 a.m. and 5:00 p.m., unless a judge or magistrate authorizes another time for good cause.
Virginia Code § 19.2-56 specifies that search warrants for an abode shall be executed by initial entry only between 8:00 a.m. and 5:00 p.m. unless a judge or magistrate, for good cause shown in an affidavit, authorizes execution at a different time.
Question 3: An officer legally detains a suspect on reasonable suspicion of criminal activity based on the principles of Terry v. Ohio. During a pat-down for weapons, the officer feels an object they immediately recognize as contraband. Under Virginia law, what is the officer's authority?
- The officer must ignore the object as the search is only for weapons.
- The officer can seize the object under the 'Plain Feel' doctrine. (Correct answer)
- The officer must obtain a search warrant before seizing the object.
- The officer can only seize the object if the suspect gives consent.
Correct answer: The officer can seize the object under the 'Plain Feel' doctrine.
The 'Plain Feel' doctrine, an extension of the principles from Terry v. Ohio and recognized in Virginia case law, allows an officer to seize contraband discovered during a lawful pat-down if its identity as contraband is immediately apparent to the officer's touch without further manipulation. The pat-down itself must be justified by a reasonable suspicion that the person is armed and dangerous.
Question 4: According to Virginia Code § 19.2-83.5, which of the following is a required condition before a law-enforcement officer can use deadly force?
- The officer must have fired a warning shot first.
- The subject must be a known convicted felon.
- All other options have been exhausted or do not reasonably lend themselves to the circumstances. (Correct answer)
- The incident must be recorded on a body-worn camera.
Correct answer: All other options have been exhausted or do not reasonably lend themselves to the circumstances.
Virginia Code § 19.2-83.5 explicitly states that a law-enforcement officer shall not use deadly force unless, among other factors, all other options have been exhausted or do not reasonably lend themselves to the circumstances. The law also requires a reasonable belief of an immediate threat of serious bodily injury or death and, if feasible, a warning.
Question 5: After executing a search warrant in Virginia and seizing property, what must the officer do with the warrant and the inventory of seized items?
- Return them to the magistrate who issued the warrant within 10 days.
- File them with the Commonwealth's Attorney's office immediately.
- Keep them in the case file at the police department.
- File them in the circuit court clerk's office within three days of the execution. (Correct answer)
Correct answer: File them in the circuit court clerk's office within three days of the execution.
Virginia Code § 19.2-57 requires the officer who executed the search warrant to endorse the date of execution on it and file the warrant, along with an inventory of any seized property (or a note that none was seized), with the clerk of the circuit court wherein the search was made. This filing must occur within three days, not including Saturdays, Sundays, or legal holidays.
Question 6: During a custodial interrogation of a juvenile in Virginia, what is a primary requirement according to § 16.1-247.1 of the Virginia Code?
- The interrogation must be conducted at the juvenile's school.
- The juvenile must have access to food and water before questioning begins.
- The juvenile's parent, guardian, or legal custodian must be notified and the juvenile must have contact with them. (Correct answer)
- The interrogation can only be conducted by an officer of the same gender.
Correct answer: The juvenile's parent, guardian, or legal custodian must be notified and the juvenile must have contact with them.
Virginia Code § 16.1-247.1 mandates that prior to a custodial interrogation of an arrested child, the child's parent, guardian, or legal custodian must be notified of the arrest, and the child must have contact with that parent, guardian, or custodian. There are limited exceptions to this rule.
DCJS Virginia Laws and Legal Procedures Questions and Answers
Under Virginia law, a law enforcement officer may arrest a person for a misdemeanor without a warrant under which of the following circumstances?