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State court of last resort · ST-VA-SC
Moore v. Commonwealth
No. 052619Supreme Court of Virginia
052619 Moore v. Commonwealth 11/03/2006 In a drug prosecution, violation of the requirement under Code § 19.2-74 that police issue a summons to a person detained for a Class 1 misdemeanor and forthwith release…
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052619 Moore v. Commonwealth 11/03/2006 In a drug prosecution, violation of the requirement under Code § 19.2-74 that police issu…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 3, 2006
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Docket entry
052619 Moore v. Commonwealth 11/03/2006 In a drug prosecution, violation of the requirement under Code § 19.2-74 that police issue a summons to a person detained for a Class 1 misdemeanor and forthwith release him from custody upon his promise to appear at a specified time and place, rendered the fruits of a later search of the individual unconstitutional. The Fourth Amendment forbids expansion of the search incident to arrest doctrine to include a search incident to citation. The judgment of the Court of Appeals upholding his conviction is reversed and the charges are dismissed.
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