No warrant is needed, however, if the search follows a constitutional arrest. If police reasonably suspect a misdemeanor under state law, arrest the suspect, and search him without a warrant, does the search violate the U.
Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Argued January 14, —Decided April 23, Rather than issuing the summons required by Virginia law, police arrested respondent Moore for the misdemeanor of driving on a suspended license.
A search incident to the arrest yielded crack cocaine, and Moore was tried on drug charges. The trial court declined to suppress the evidence on Fourth Amendment grounds. Ultimately, the Virginia Supreme Court reversed, reasoning that the search violated the Fourth Amendment because the arresting officers should have issued a citation under state law, and the Fourth Amendment does not permit search incident to citation.
The police did not violate the Fourth Amendment when they made an arrest that was based on probable cause but prohibited by state law, or when they performed a search incident to the arrest.
Lago Vista, U. Applying that methodology, this Court has held that when an officer has probable cause to believe a person committed even a minor crime, the arrest is constitutionally reasonable. Atwater, supra, at United States, U. Di Re, U. Arrest ensures that a suspect appears to answer charges and does not continue a crime, and it safeguards evidence and enables officers to conduct an in-custody investigation.
While States are free to require their officers to engage in nuanced determinations of the need for arrest as a matter of their own law, the Fourth Amendment should reflect administrable bright-line rules.
Incorporating state arrest rules into the Constitution would make Fourth Amendment protections as complex as the underlying state law, and variable from place to place and time to time.
Officers may perform searches incident to constitutionally permissible arrests in order to ensure their safety and safeguard evidence. While officers issuing citations do not face the same danger, and thus do not have the same authority to search, Knowles v.VIRGINIA. v. MOORE. CERTIORARI TO THE SUPREME COURT OF VIRGINIA.
No. 06– Argued January 14, —Decided April 23, Rather than issuing the summons required by Virginia law, police ar-rested respondent Moore for the misdemeanor of driving on a sus-pended license. A search incident to the arrest yielded crack cocaine.
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The case, Commonwealth of Virginia v. Moore, i involved an arrest for a suspended license followed by searches incident to that arrest. On February 20th, , two detectives in Portsmouth, Virginia heard a radio dispatch concerning a subject, “Chubs” who was driving with a suspended license.
Virginia v. Moore () federalism.
Fourth Amendment. search and seizure. search incident to arrest. Virginia police stopped David Moore for driving on a suspended license. Since Virginia police had a duty to issue a summons-but instead singled out a suspect for automatic arrest-the arrest was a case of unreasonable discrimination.
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