Please do not limit prosecutors from offering the 4th amendment waiver as a plea agreement. It limits police and probation when they have probable cause to believe that someone that is on probation is not following their terms of the plea agreement. There can be limits put on it, but taking it away completely will make Virginia less safe. Law enforcement will not have an avenue to ensure compliance for someone that may have a gun or a large quantity of drugs. Defendants don't have to accept the plea. They can continue bargaining or take the charge to trial. It's a bad idea and that's not even mentioning that it will limit what an officer can see on the person's phone or social media, where most of the non-compliance happens today. I've seen first hand when I was an officer how not having a 4th waiver can hinder and hurt people. There is no reason to not allow it as a bargaining chip.
Please do not limit prosecutors from offering the 4th amendment waiver as a plea agreement. It limits police and probation when they have probable cause to believe that someone that is on probation is not following their terms of the plea agreement. There can be limits put on it, but taking it away completely will make Virginia less safe. Law enforcement will not have an avenue to ensure compliance for someone that may have a gun or a large quantity of drugs. Defendants don't have to accept the plea. They can continue bargaining or take the charge to trial. It's a bad idea and that's not even mentioning that it will limit what an officer can see on the person's phone or social media, where most of the non-compliance happens today. I've seen first hand when I was an officer how not having a 4th waiver can hinder and hurt people. There is no reason to not allow it as a bargaining chip.