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Articles 1 - 2 of 2
Full-Text Articles in Law
Criminal Procedure, Ronald J. Bacigal
Criminal Procedure, Ronald J. Bacigal
Law Faculty Publications
This survey addresses only significant Virginia cases and statutes affecting Virginia criminal procedure. For discussion of the impact of federal court decisions, see R. Bacigal, Virginia Criminal Procedure (Supp. 1985).
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
University of Richmond Law Review
In Tennessee v. Garner, the United States Supreme Court rejected the common law rule which had permitted the use of deadly force to prevent the escape of an unarmed suspected felon. The Court held that deadly force cannot be used to prevent an escape unless the arresting officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. The United States Supreme Court noted that "apparently" Virginia was one of the few jurisdictions still following the common law rule. However, the only Virginia authority cited, Berry v. …