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State law violated but search ruled legal

Forensic scientist stresses fallibility of eyewitnesses

Court broadens police power in searches

By Pete Yost
April 24, 2008

WASHINGTON (AP) — The Supreme Court affirmed yesterday that police have the power to conduct searches and seize evidence, even when done during an arrest that turns out to have violated state law.

The unanimous decision comes in a case from Portsmouth, Va., where city detectives seized crack cocaine from a motorist after arresting him on a traffic-ticket offense.

David Lee Moore was pulled over for driving on a suspended license. The violation is a minor crime in Virginia and calls for police to issue a court summons and let the driver go.

Instead, city detectives arrested Moore and prosecutors said drugs taken from him in a subsequent search can be used against him as evidence.

"We reaffirm against a novel challenge what we have signaled for half a century," Justice Antonin Scalia wrote.

Justice Scalia said that when officers have probable cause to think a person has committed a crime in their presence, the Fourth Amendment permits them to make an arrest and to search the suspect in order to safeguard evidence and ensure their own safety.

Moore was convicted on a drug charge and sentenced to 3½ years in prison.

The Virginia Supreme Court ruled that police should have released Moore and could not lawfully conduct a search.

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