Ashburn, VA asked in Criminal Law, Civil Rights and Constitutional Law for Virginia

Q: If I am to challenge the lawfulness of an arrest in Virginia, is this done during the jury trial or before trial?

My PD claimed we are not to raise motion to suppress/strike/dismiss to challenge an unlawful arrest before trial, but let the jury decide during trial. I quoted §19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars, yet he still rejected and denied. If I am to raise this objection according to 4th Amendment protection from unreasonable search & seizure, when is it done? I have strong evidence that police lacked reasonable suspicion to stop me and probable cause to arrest. What motion is best to raise this objection?

1 Lawyer Answer
Brian M. Latuga
Brian M. Latuga
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: If it is a challenge to reasonable suspicion, probable cause, or other constitutional challenge then that is a pretrial motion under the statute you cited.

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