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Criminal Law

: Underdog

Recent Virginia Supreme Court opinions.

By Marks & Katz, LLC

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Following are some particularly important recent Virginia Supreme Court opinions:   Logan v. Virginia, __ Va. _ (Jan. 15, 2010): The "exclusionary rule is not applicable in probation revocation proceedings absent a showing of bad faith on the part of the police."  Jones v. Virginia, __ Va. _ (Jan. 15, 2010): In a DWI case, refusal to submit to field sobriety tests is inadmissible as to the defendant's consciousness of guilt, but is admissible for a probable cause determination whether to arrest if accompanied by other indiciae of DWI. Compare this to Maryland, where field sobriety tests are a search, and, therefore, refusal to perform such tests is not applicable to find probable cause to arrest nor to find guilt or innocence.   Anderson v...continue to full post

Full post as published by Underdog on January 26, 2010 (boomark / email).

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