GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 334 which prohibits certain provisions in plea agreements and court orders.

The Fourth Amendment waiver is a commonly used tool by prosecutors that allows law enforcement to stop and search an individual convicted of certain offenses.

The Supreme Court of Virginia has upheld these waivers as permissible so long as they do not result from coercion. As part of a plea agreement, waiving the Fourth Amendment rights benefits the defendant with a lesser period of active incarceration and facilitates better reintegration into society. In exchange, the Commonwealth receives a meaningful period of supervised probation, providing safer communities.

Removing the right of both parties to agree to a Fourth Amendment waiver and limiting probation officers is a detriment to public safety.

Accordingly, I veto this bill.