Virginia Crim Law & Procedure MEE Rule Statements Flashcards
Validity of a pretextual stop
A police officer may stop a car if the officer has probable cause to believe that a traffic law has been violated, even if the officer has an ulterior motive for effectuating the stop.
When can an officer order the driver of a car out of the vehicle?
When the vehicle has been properly stopped, even without the suspicion of criminal activity.
When may an officer search the passenger compartment of a car that has been stopped for a traffic infraction?
Officers may search the passenger compartment even if the officer has not arrested the occupant has ordered the occupant out of the vehicle provided the search is limited to those places where a weapon may be hidden or placed and the officer possesses a reasonable belief that the occupant is dangerous
What is a consent search?
Police may conduct a valid, warrantless search if they have voluntarily consent to do so. The scope of the search is limited to the scope of consent, and voluntariness is determined from the totality of the circumstances.
What is the automobile exception?
Police may conduct a warrantless search of an automobile if they have probable cause to believe the vehicle contains contraband, fruits, or instrumentalities of a crime.
Possession of a controlled substance, Virginia
The defendant must knowingly or intentionally possess a controlled substance without a prescription
Possession of a firearm by a convicted felon, Virginia
The defendant must knowingly or intentionally possess or transport any firearm and must have been convicted of a felony.
