In February 2024, Roanoke City closed its public schools after threats against the system circulated online. Difficulty accessing data to find the culprit led to new legislation now being considered by the General Assembly.
“As superintendent of Roanoke City Public Schools, I witnessed firsthand the devastating impact of delayed responses during a crisis,” Verletta White said. She had to close schools for two days while police tracked down a person making online threats.
A local man was later arrested and the threat deemed not credible. But White, via a bill from Roanoke delegate Sam Rasoul, is hoping an expansion on Virginia’s exigent circumstance law will allow police to get social media user information sooner to address such threats.
Exigent circumstances is the technical term for incidents that may allow law enforcement to bend fourth amendment search laws in times of crisis. During a committee hearing Monday night Delegate A.C. Cordoza expressed concerns about giving police the authority to demand users' data without more evidence.
“So, they get, essentially get a sneak peek, to know what they’re looking for and then go back and get a warrant?" Cordoza asked. "I have a problem with that.”
But an amendment offered would make the data acquired during the exigent circumstances admissible in court only after law enforcement goes back and gets a warrant. Committee Outside counsel Steve Mutnik said it wasn’t uncommon.
“Exigent Circumstances, police enter a house, and they see something in plain view, they’re actually required to go and get a search warrant if they’ve already seen it," Mutnik told the committee. "So, it's the same situation, just electronically this time.”
A friendly amendment was offered narrowing the bill's language to please Cordoza and it advanced to the next committee 6 to 1, with Delegate Amanda Batten being the lone no. Prior to the vote Batten expressed interest in expanding the use of the new powers to other government buildings, an option committee chair Delegate Vivian Watts said could be discussed at the bill’s next hearing.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
