U.S. Supreme Court
9-0 Court Allows Search & Seizure in Va. Case
Posted Apr 23, 2008, 10:44 am CDT
By Molly McDonough
The U.S. Supreme Court held Wednesday that police have the power to search and seize evidence, even when the arrest turns out to have violated state law.
The high court's decision stems from the Virginia case of David Lee Moore. City police seized crack cocaine from Moore's vehicle after he was arrested for driving on a suspended license, the Associated Press reports.
Driving on a suspended license isn't a crime that calls for arrest in Virginia, so Moore challenged the subsequent search and seizure.
The court unanimously (PDF) rejected Moore's challenge, with Justice Antonin Scalia writing, "We reaffirm against a novel challenge what we have signaled for half a century."
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Comments
Posted by alex - 4 months, 2 weeks, 1 day, 9 hours, 5 minutes ago
Why is no one outraged at this ruling, as we proceed deeper into a total police state? Now the cops can illegally arrest you, and THEN search for something to charge you with. I guarantee, the cops could find reason for charges on the pope himself.
Posted by Legal Eagle - 4 months, 2 weeks, 13 hours, 59 minutes ago
We live in a police state and things are only going to get worse. Deal with it.
Posted by Robert - 4 months, 2 weeks, 13 hours, 11 minutes ago
It was the right decision, the arrest & search does not violate the 4th Amendment. The Attorney shouldve challenged the search under state law but that would be fruitless because Virginia state law does not exclude evidence of an illegal search. Although, the only argument is that exclusion would be the only remedy for this situation. My humble opinion.
Posted by John - 4 months, 2 weeks, 6 hours, 1 minute ago
More than outraged at this ruling, I am sickened by it. To think I wore the uniforms of a law enforcement officer and a soldier for over 20 year to protect the right of the people; to see it errased in one day sickens and saddens me. I am ashamed of our Supreme Nazi Court!! Sieg Heil!