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Virginia wins again

By Steve

Today in Virginia v. Moore, the Commonwealth won before the United States Supreme Court. In an opinion by Justice Scalia, with Justice Ginsburg concurring separately in the judgment, the Supreme Court reversed the Virginia Supreme Court's decision in Moore v. Com., which reversed (unanimously) the Virginia Court of Appeals decision en banc in Moore v. Com., which (with Elder, Benton, Fitzpatrick, and Frank dissenting) reversed the panel decision in Moore v. Com., which reversed the conviction in the trial court.

The issue was "whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law." The Court's answer is no. So, Moore's conviction is affirmed.

Lyle Denniston at SCOTUSBlog has this post about the decision. AP writer Pete Yost has this article about the decision.

Full post as published by Southwest Virginia Law Blog on April 23, 2008 (boomark / email).