DCJS Virginia Laws and Legal Procedures 3 — Questions and Answers
Question 1: Under Virginia law, a person commits petit larceny when they steal property valued at:
- Less than $1,000 (Correct answer)
- Less than $500
- Less than $200
- Less than $2,500
Correct 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.
Question 2: In Virginia, what is the legal definition of 'curtilage' as it relates to search and seizure?
- The interior of a vehicle
- The area immediately surrounding and associated with a home (Correct answer)
- Any private property posted with no-trespassing signs
- A commercial building's storage area
Correct 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.
Question 3: Virginia Code § 18.2-308 generally prohibits carrying a concealed handgun without a permit. Which of the following persons is EXEMPT from this requirement?
- A retired federal law enforcement officer
- A person who obtained a hunting license
- A licensed private investigator while on duty (Correct answer)
- A college student with a valid ID
Correct 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.
Question 4: Under Virginia's Domestic Violence law, a 'protective order' issued after a full hearing may remain in effect for up to:
- 6 months
- 1 year
- 2 years
- 5 years or an unlimited period (Correct answer)
Correct 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.
Question 5: A Virginia officer responding to a domestic assault call must arrest the primary aggressor if:
- The victim requests arrest
- There is probable cause to believe assault and battery occurred within the past three hours (Correct answer)
- Both parties are intoxicated
- Visible injuries are present on either party
Correct 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.
Question 6: Under Virginia law, which offense is defined as 'the taking, with intent to extort money or pecuniary benefit, by threat or intimidation'?
- Robbery
- Extortion (Correct answer)
- Blackmail
- Coercion
Correct answer: Extortion
Virginia Code § 18.2-59 defines extortion as obtaining money or other benefit through threats or intimidation.
Question 7: Under Virginia Code § 19.2-386.1, when may officers seize property under civil asset forfeiture without a criminal conviction?
- Whenever probable cause exists that property is connected to drug trafficking
- Only after a criminal conviction
- When a judge issues a civil forfeiture order based on clear evidence (Correct answer)
- Only for property valued over $10,000
Correct 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.
DCJS Virginia Laws and Legal Procedures 3
Under Virginia law, a person commits petit larceny when they steal property valued at: