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Moore v. Commonwealth

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Current status: FILED
As of: Nov 3, 2006
Source: SUPREME COURT OF VIRGINIA · DOCKET 052619 ↗

Why this status appears

Status is derived only from narrow phrases in the court’s verbatim disposition or latest 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 t…

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