Despite VCU officer being out of his jurisdiction, Va. Court of Appeals refuses to throw out field test results in a DUI investigation
Recently, the Court of Appeals upheld a DUI conviction where evidence of the DUI was obtained by a VCU officer that was outside of his jurisdiction. In doing so, the Court stated that this was merely a “procedural” error and not a “constitutional” error.
This is a surprising result because I’ve personally witnessed cases dealing with GMU officers arresting individuals outside of their proper jurisdiction, and have seen courts throw out those cases.
For those being investigated by university police, keep in mind that this case my permit officers to travel outside of their jurisdiction and still effect a proper arrest.
Check out the article below or give BenGlassLaw a call for questions.