Court allows search and seizure in Virginia case
Court Alerts
The Supreme Court affirmed Wednesday that police have the power to conduct searches and seize evidence, even when done during an arrest that turns out to have violated state law.
The unanimous decision comes in a case from Portsmouth, Va., where city detectives seized crack cocaine from a motorist after arresting him for a traffic ticket offense.
David Lee Moore was pulled over for driving on a suspended license. The violation is a minor crime in Virginia and calls for police to issue a court summons and let the driver go.
Instead, city detectives arrested Moore and prosecutors say that drugs taken from him in a subsequent search can be used against him as evidence.
"We reaffirm against a novel challenge what we have signaled for half a century," Justice Antonin Scalia wrote.
Scalia said that when officers have probable cause to believe a person has committed a crime in their presence, the Fourth Amendment permits them to make an arrest and to search the suspect in order to safeguard evidence and ensure their own safety.
Moore was convicted on a drug charge and sentenced to 3 1/2 years in prison.
The Virginia Supreme Court ruled that police should have released Moore and could not lawfully conduct a search.
State law, said the Virginia Supreme Court, restricted officers to issuing a ticket in exchange for a promise to appear later in court. Virginia courts dismissed the indictment against Moore.
Moore argued that the Fourth Amendment permits a search only following a lawful state arrest.
In a concurring opinion, Justice Ruth Bader Ginsburg said she finds more support for Moore's position in previous court cases than the rest of the court does. But she said she agrees that the arrest and search of Moore was constitutional, even though it violated Virginia law.
The Bush administration and attorneys general from 18 states lined up in support of Virginia prosecutors.
The federal government said Moore's case had the potential to greatly increase the class of unconstitutional arrests, resulting in evidence seized during searches being excluded with increasing frequency.
Looking to state laws to provide the basis for searches would introduce uncertainty into the legal system, the 18 states said in court papers.
Related listings
-
Court requires subpoena for Internet subscriber records
Court Alerts 04/22/2008Internet service providers must not release personal information about users in New Jersey without a valid subpoena, even to police, the state's highest court ruled Monday. New Jersey's Supreme Court found that the state's constitution gives greater ...
-
Court requires subpoena for Internet subscriber records
Court Alerts 04/21/2008Internet service providers must not release personal information about users in New Jersey without a valid subpoena, even to police, the state's highest court ruled Monday.New Jersey's Supreme Court found that the state's constitution gives greater p...
-
Supreme Court hears re-appeal of lesbian custody case
Court Alerts 03/14/2008The Vermont Supreme Court will decide again whether a Virginia woman should be able to prevent her former lesbian partner from having contact with her 5-year-old child.On Thursday, attorneys for Lisa Miller-Jenkins asked the court to revisit the issu...
New Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.