3.1 General Considerations
| Library | Defending Criminal Cases in Virginia (Virginia CLE) (2018 Ed.) |
3.1 GENERAL CONSIDERATIONS
A criminal case usually begins with the arrest of a suspect, either with or without a warrant, followed by an appearance before a magistrate, who commits the suspect to jail, admits him or her to bail, or discharges him or her from custody.
The law of arrest involves both constitutional and statutory constraints. The "arrest" of a suspect is a "seizure" of the person and implicates the full panoply of Fourth Amendment protections, including the "probable cause" and "warrant" concepts. Moreover, the Fourth Amendment also governs seizures of the person that...
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