Search and Seizure in Virginia: Navigating the Thicket (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0; VIDC Recertification Credit: 2.0)
Live-Interactive Credit: 0.0
Price: $140 (Includes a downloadable audio version.)
Viewable Through: 5/28/2019


A pre-recorded streaming video replay of the July 2016 webcast, Search and Seizure in Virginia: Navigating the Thicket.

VIDC Recertification Credit: 2.0

Topics covered include:

  • Technology and the law: GPS trackers, cell phone searches, drones, etc.
  • Motions to suppress and Franks hearings
  • Reasonable articulable suspicion, probable cause, and Terry pat-downs
  • Custodial arrest and pretextual searches
  • Staleness: When does a tip grow stale?

Every attorney practicing criminal law knows that Fourth Amendment issues are often the most critical aspect of a case, in recognition of which the law of searches and seizures has become incredibly complex and nuanced. Advocates on both sides of the issue, attempting to apply the law to the facts at hand, have a wide field on which to run: was it done by the book, has the constable innocently blundered, or is the government intentionally invading the rights of its citizens, and everything in between.

This seminar, taught by an Assistant Commonwealth’s Attorney and an experienced criminal defense lawyer, is designed to reacquaint criminal law practitioners with the salient points of search and seizure law. The written material for the course is taken from the Virginia CLE® handbook Defending Criminal Cases in Virginia, and will be both current and comprehensive. Our speakers will review the overarching law and focus on areas of particular interest and concern, being sure to address best practices and tips for success.





J. Burkhardt Beale, Boone Beale PLLC / Woodbridge / Woodbridge (Expand/Collapse Bio)

J. Burkhardt Beale is the CEO of the firm Boone Beale, PLLC. Mr. Beale’s primary areas of practice are driving while under the influence and criminal defense. He earned a B.A. from the University of Virginia and earned a J.D. from Washington and Lee University. Mr. Beale is admitted to practice in all Virginia courts and before the U.S. Court of Appeals for the Fourth Circuit and the U.S. District Court for the Eastern District of Virginia. He is a member of the Criminal Law Section of the Virginia State Bar, the Association of Trial Lawyers of America, the Virginia Trial Lawyers Association, and the Virginia Association of Criminal Defense Lawyers. He is also a lifetime member of the National Association of Criminal Defense Lawyers and a founding member of the National College for DUI Defense. Mr. Beale has lectured for Virginia CLE® since 1989 on evidence in DUI cases. He has also spoken at several national CLE conferences on DUI defense in Georgia, Massachusetts, and New Jersey. His personal training includes certification as an instructor on the NHTSA standards on field sobriety testing and as an operator of the Intoxilyzer 5000 and the Intox EC/IR II.

D. Bradley Marshall, Assistant Commonwealth's Attorney / Prince William (Expand/Collapse Bio)

Bradley Marshall has served as an Assistant Commonwealth's Attorney in Prince William County since 2009, where he specializes in prosecuting criminal street gang cases (with a focus on violent crimes), firearms enforcement, mental health cases, and insurance fraud, as well as myriad other criminal offenses, and frequently litigates 4th, 5th, and 6th Amendment issues. He is the President-Elect of the Prince William County Bar Association, having served on its Board of Directors for two years prior. He is also in his second term on the Board of the PWC Bar Foundation. Mr. Marshall is the Chairman of the Community Criminal Justice Board, a member of the Board of Directors of Friends of SERVE, a member of the Board of the Greater Prince William Food Council, a past-Board member of the PWC Committee of 100, and is Past-President and Past-Treasurer of the Manassas Battlefield Kiwanis Club. He is heavily involved in criminal justice reform at the local and state level, serving on the local Evidence-Based Decision Making Policy Committee, and as a member of the local DIVERT Committee on the mentally ill in the criminal justice system (having helped establish and implement PWC's Mental Health Docket). He also lectures at George Mason University, Northern Virginia Community College, statewide prosecutors' CLEs, local CLEs, and at the PWC Public Safety Academy. Mr. Marshall received his undergraduate degree in politics and philosophy from the University of Virginia, and his juris doctorate degree from Michigan State University, where he concentrated in criminal law. He is a graduate of Leadership Prince William, received the Potomac Local Forty Under 40 Award in 2014, and received the County Executive Award for 2015.

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