Virginia Laws and Legal Procedures Flashcards

Under Virginia law, what is the maximum blood alcohol content (BAC) for a driver under age 21 to be charged with underage DUI?

Answer: 0.02%

Virginia Code § 18.2-266.1 prohibits drivers under 21 from operating a vehicle with a BAC of 0.02% or more.

In Virginia, a 'Terry stop' allows an officer to briefly detain a person based on:

Answer: Reasonable articulable suspicion of criminal activity

A Terry stop requires reasonable articulable suspicion—specific facts that would lead a reasonable officer to believe criminal activity is afoot.

Under Virginia Code § 19.2-81, a law enforcement officer may arrest without a warrant for a misdemeanor only if:

Answer: The officer witnesses the offense

Generally, warrantless misdemeanor arrests in Virginia require that the officer personally witnessed the offense, with specific statutory exceptions.

What Virginia statute governs the crime of stalking?

Answer: § 18.2-60.3

Virginia Code § 18.2-60.3 defines and criminalizes stalking as a Class 1 misdemeanor for a first offense.

Virginia's 'implied consent' law requires that drivers arrested for DUI must:

Answer: Submit to a blood or breath test

Under Virginia Code § 18.2-268.2, any person arrested for DUI is deemed to have consented to a blood or breath test.

Under Virginia law, which of the following is classified as a Class 3 felony?

Answer: Malicious wounding

Malicious wounding under Virginia Code § 18.2-51 is a Class 3 felony punishable by 5–20 years imprisonment.

Virginia's 'Castle Doctrine' under § 55.1-149 primarily addresses:

Answer: The use of force to defend one's dwelling against unlawful entry

Virginia's Castle Doctrine allows occupants to use force, including deadly force, to protect themselves from unlawful entry into their home.

Under Virginia law, a person commits petit larceny when they steal property valued at:

Answer: Less than $1,000

Virginia Code § 18.2-96 defines petit larceny as theft of property valued at less than $1,000, making it a Class 1 misdemeanor.

In Virginia, what is the legal definition of 'curtilage' as it relates to search and seizure?

Answer: The area immediately surrounding and associated with a home

Curtilage is the area immediately surrounding a home that shares the same Fourth Amendment protections as the home itself.

Virginia Code § 18.2-308 generally prohibits carrying a concealed handgun without a permit. Which of the following persons is EXEMPT from this requirement?

Answer: A licensed private investigator while on duty

Virginia Code § 18.2-308(A) exempts licensed private investigators acting in the performance of their duties from the concealed carry prohibition.

Under Virginia's Domestic Violence law, a 'protective order' issued after a full hearing may remain in effect for up to:

Answer: 5 years or an unlimited period

Under Virginia Code § 16.1-279.1, a permanent protective order may last up to two years, but courts may issue an order for a longer period or without a fixed expiration based on the circumstances.

A Virginia officer responding to a domestic assault call must arrest the primary aggressor if:

Answer: There is probable cause to believe assault and battery occurred within the past three hours

Virginia Code § 19.2-81.3 requires officers to arrest the primary aggressor when there is probable cause to believe domestic assault occurred within the past three hours.

Under Virginia law, which offense is defined as 'the taking, with intent to extort money or pecuniary benefit, by threat or intimidation'?

Answer: Extortion

Virginia Code § 18.2-59 defines extortion as obtaining money or other benefit through threats or intimidation.

Under Virginia Code § 19.2-386.1, when may officers seize property under civil asset forfeiture without a criminal conviction?

Answer: When a judge issues a civil forfeiture order based on clear evidence

Virginia reformed its forfeiture law in 2021, generally requiring either a criminal conviction or a court order based on clear and convincing evidence before forfeiture.

Under Virginia Code § 18.2-248, distribution of a Schedule I or II controlled substance is generally classified as a:

Answer: Felony punishable by 5–40 years

Distribution of Schedule I or II substances is a felony in Virginia punishable by 5 to 40 years imprisonment.

A Virginia officer conducting a 'knock and talk' at a residence must stop and leave if:

Answer: The occupant refuses entry or asks them to leave

A knock and talk is a consensual encounter; the officer must terminate it if the occupant clearly withdraws consent or asks them to leave.

Under Virginia law, the crime of 'breaking and entering' a dwelling at night with intent to commit a felony is classified as:

Answer: Burglary — a felony punishable by 5 years to life

Common law burglary under Virginia Code § 18.2-89 is a felony punishable by confinement of 5 years to life.

Virginia's 'stop and identify' statute requires a person to identify themselves to a law enforcement officer when:

Answer: The person is lawfully detained based on reasonable suspicion

Virginia Code § 19.2-82.1 requires a person to identify themselves only when lawfully detained, not during a voluntary encounter.

Under Virginia Code § 18.2-57.2, assault and battery against a family or household member is classified as a:

Answer: Class 1 misdemeanor

Assault and battery against a family or household member is a Class 1 misdemeanor under § 18.2-57.2 for a first offense.

Virginia's 'Racial Justice Act' as it relates to capital punishment allows defendants to:

Answer: Challenge a death sentence based on evidence of racial discrimination in the case

Virginia abolished the death penalty in 2021, but prior to abolition the Racial Justice Act concept allowed challenges to death sentences based on racial bias evidence.