5.11 MISCELLANEOUS CODE REVISIONS: PRIMARY OFFENSES, STATUTORY SUPPRESSION REMEDIES

• Jurisdiction: Virginia
• Library: Defending Criminal Cases in Virginia (Virginia CLE) (2025 Ed.)

5.11 MISCELLANEOUS CODE REVISIONS: PRIMARY OFFENSES, STATUTORY SUPPRESSION REMEDIES

5.1101 In General.

As previously discussed, the Virginia General Assembly significantly revamped several provisions within the Virginia Code in 2021 and 2022. The following Code sections provide statutory suppression remedies for a violation of specific Code sections. Counsel should consult the entirety of the Code sections for a full recitation of their applicability.

5.1102 Odor of Marijuana.

Under Virginia Code section 4.1-1302, law enforcement is precluded from obtaining a search warrant based solely on the odor of marijuana. Further, officers may not stop, search, or seize any person, place, or thing based solely on the odor of marijuana. However, these provisions do not apply in airports or for commercial motor vehicles as defined by the Code of Virginia. The statute still requires suppression even if the party consents to a search as previously noted.

5.1103 Traffic- and DMV-Related Violations.

A. Virginia Code Section 46.2-646(E): Expiration and Renewal of Registration.

No law-enforcement officer

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