Supreme Court Broadens Police Search & Seizure Capabilities
A Supreme Court decision handed down this month has broadened the scope of police powers during an arrest, according to the International Herald Tribune. The unanimous ruling means that police officers are permitted to conduct searches and seize evidence from suspects even during arrests that violated state law.
The original case involved David Lee Moore, a Virginia man who was reportedly arrested for driving with a suspended license, which is a minor crime in VA. Sources indicate that protocol for this crime calls for police to issue a court summons and let the driver go without making an arrest. Instead, the officers apparently arrested Moore, held him for more than an hour and searched his vehicle. Inside, they reportedly found crack cocaine, which they seized to use as evidence in a criminal case against Moore. Moore's criminal defense lawyer argued that the drug evidence was inadmissible in court because it came from an unlawful arrest, but the court disagreed, allowed the evidence and convicted Moore of drug crimes.According to the Associated Press, Virginia's Supreme Court overturned that decision, ruling that Moore's arrest was unlawful and therefore the evidence seized could not be used to prosecute him. But the federal Supreme Court interpreted the situation differently.
The Fourth Amendment allows police officers to arrest someone based on "probable cause," meaning that if they have reason to believe a criminal offense was committed in their presence, they can arrest the suspect to protect their own safety and preserve any evidence that might be present.
And the Supreme Court's ruling noted that the arresting officers "did not violate the Fourth Amendment when they preformed an arrest that was based on probable cause but prohibited by state law," nor when they searched Moore after making that arrest.Justice Scalia further noted that state laws have no influence on the Fourth Amendment, and the Fourth Amendment isn't meant to be used to enforce state laws.
According to CNN News, one Justice commented that Virginia should consider changing its law to allow for arrests for traffic crimes like driving with a suspended license. Doing so would allow police to conduct searches and seize evidence in similar cases without breaking state law.
Supreme Court decisions can impact the way criminal cases are argued around the country. If you're facing criminal charges, you should consider speaking with a criminal defense lawyer, who can explain how recent Supreme Court rulings may affect your criminal case and help you understand the legal protections currently available to you.