Illegal Arrest?

[stlchiefs]

Originally Posted by banyon

Since it is a right provided by the state (in this case Virginia), it's also up to them to figure out what remedy they want when it is violated. In this case it appears the the VA legislature is comfortable with civil suits as a deterrent to police misconduct in this area instead of the exclusionary rule.

Exactly. This is another point that needs made, the Defendant has a right to a civil suit against the cop for these actions. Many people may misunderstand and think the defendant is just SOL, on the criminal side this is true, but he may still get something out of this incident via a civil suit.