Cert Granted in Drug Evidence Case
The U.S. Supreme Court will decide whether courts may consider cocaine evidence seized as a result of an illegal arrest for driving on a suspended license.
Five federal appeals courts and four state supreme courts allow consideration of evidence seized in violation of state arrest laws. But the Virginia Supreme Court said the drug charge must be dismissed because the driver was subjected to a full custodial arrest, in violation of a law that required the driver to be released on a summons, the Associated Press reports. The state appealed.
The cert petition (PDF posted by SCOTUSblog) presented the question this way:
“Because the Fourth Amendment to the United States Constitution imposes one standard for arrests and state law frequently provides for additional strictures, it is not unusual for state and federal courts to be confronted with the situation where a police officer has probable cause to arrest as required by the Fourth Amendment, but violates a state law governing arrests. At issue here is whether the Fourth Amendment requires the suppression of evidence when that occurs.”
