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Constitutional Law
: Of Arms and the Law4th Amendment case
The Supremes just decided Virginia v. Moore. Defendant was caught driving on a suspended license. State law provided that he be given a summons, rather than arrested, for that. Officers instead arrested him, and a search incident to arrest uncovered drugs.
The Court, per Scalia, holds that a violation of such a statute does not a 4th Amendment violation make. Police had probable cause and the arrest was not "unreasonable." Justice Ginsburg concurs, suggesting it is a little closer historical case than the majority opinion suggests.
Full post as published by Of Arms and the Law on April 23, 2008 (boomark / email).
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