virginia v morre Essay

1249 Words Nov 25th, 2013 5 Pages
Virginia v. Moore
272 Va. 717

Facts: The day was February 20,2003, in the city of Portsmouth where two Portsmouth police officers had pulled a vehicle over who was driven by David Lee Moore. While listening to police radio they had heard that the man they pulled over who went by the nickname “chubs” was driving on a suspended license. The officer’s soon determined that chubbs was indeed driving on a suspended license. The officers who made the stop arrested chubbs for the misdemeanor of driving on a suspended license. This violation could have lead to chubbs serving a 1-year in jail and a $25,000 fine, according to Va Code Ann 18.2-11. The officers then searched the vehicle in which chubbs was driving. During the search of the
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Holding/Decision: The United States Supreme Court reversed the ruling of the Virginia Supreme Court deciding that the evidence in question was not taken in violation of Moore’s Fourth Amendment Rights.

Reasoning: The reasoning of the reversal was in part of the way they see the Fourth Amendment. They Court see the Fourth Amendment as protection to officers, leaving them the option to search an area or vehicle if they believe that a crime has been committed in there presence. In this situation the arresting officers had known the background of the individual in custody. Once he was arrested they then began to search his car. The officers searched his car with the knowledge that he could have something he shouldn’t since he was driving without a license. The method that the courts used in referring to the previous cases is correct because the fact that an arrest is based on probable cause which then makes the search valid. One of the prior cases that were used in the decision Whren v. United States where the police stopped a car even though the actions they took violated regulations of the amount of authority plain clothes officers have while in unmarked vehicles. Local law does not change the Fourth Amendments meaning doesn’t change to comply with local law. The amendments are federal rights given to all citizens in good standing with the feudal system. These rights over rule any laws that the states make up. A

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