''Virginia v. Moore'', 553 U.S. 164 (2008), is a
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that addresses use of evidence obtained by police in a
search incident to an arrest if that arrest is later found to be unlawful.
[.]
Background
Two
Portsmouth, Virginia
Portsmouth is an independent city in southeast Virginia and across the Elizabeth River from Norfolk. As of the 2020 census, the population was 97,915. It is part of the Hampton Roads metropolitan area.
The Norfolk Naval Shipyard and Naval M ...
police officers had
probable cause
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or f ...
to suspect that David Lee Moore was driving with a suspended license. Virginia state code authorizes the police to give a summons to, but not arrest, someone who is driving with a suspended license. The police, however, arrested Moore, and in a search subsequent to the arrest he was found to be carrying
crack cocaine
Crack cocaine, commonly known simply as crack, and also known as rock, is a free base form of the stimulant cocaine that can be smoked. Crack offers a short, intense high to smokers. The ''Manual of Adolescent Substance Abuse Treatment'' calls ...
. At trial, Moore contested the state's use of the cocaine as evidence, arguing that the arrest, and therefore the search, was a violation of his rights under the
Fourth Amendment to the United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge o ...
.
Opinion of the Court
The Court decided unanimously in favor of Virginia. In an opinion by Justice
Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
that was joined by seven justices, the Court held that because the Fourth Amendment was not written with the intent to incorporate individual states' arrest statutes and because the arrest was based on probable cause, Moore had no constitutional grounds to have the evidence suppressed.
Justice
Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
wrote a separate concurring opinion and stated that there was less precedent for the majority opinion than is alluded to by Justice Scalia. Ginsburg's primary line of reasoning for ruling with the other eight justices lies in the fact that while Moore's arrest itself violated state law, the Virginia statute does not identify the suppression of evidence as a consequence of this violation.
See also
* ''
Knowles v. Iowa''
References
External links
*
{{DEFAULTSORT:Virginia V. Moore
United States Supreme Court cases
United States Supreme Court cases of the Roberts Court
United States Fourth Amendment case law
Legal history of Virginia
Portsmouth, Virginia
2008 in United States case law
Search and seizure case law