Virginia v. Moore
| Virginia v. Moore | |
|---|---|
| Argued January 14, 2008 Decided April 23, 2008 | |
| Full case name | Virginia, Petitioner v. David Lee Moore |
| Docket no. | 06-1082 |
| Citations | 553 U.S. 164 (more) 128 S. Ct. 1598; 170 L. Ed. 2d 559; 2008 U.S. LEXIS 3674; 76 U.S.L.W. 4237; 21 Fla. L. Weekly Fed. S 195 |
| Case history | |
| Prior | Convicted, Portsmouth, Va circuit court (2003); rev'd, 609 S.E.2d 74 (Va. App. 2005); aff'd en banc, 622 S.E.2d 253 (Va. App. 2005); rev'd 636 S.E.2d 395 ( Va. S.C. 2006); cert. granted, 551 U.S. __ (2007). |
| Holding | |
| A warrantless arrest for driving with a suspended license was reasonable under the Fourth Amendment even if it was not permitted under state law; search incident to arrest was thus admissible. Virginia Supreme Court reversed and remanded. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Scalia, joined by Roberts, Stevens, Kennedy, Souter, Thomas, Breyer, Alito |
| Concurrence | Ginsburg (in judgment) |
| Laws applied | |
| U.S. Const. amend. IV, Va. Code Ann. § 19.2-74 | |
Virginia v. Moore, 553 U.S. 164 (2008), is a Supreme Court of the United States 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.