virginia v morre
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 vehicle the officers found 16 grams of crack cocaine and $516 in cash. The state law of Virginia states that the officers should have offered Moore a summons rather than arresting him. The statutes of the Fourth Amendment give the officers the right to search if they believe a crime was committed in their presence. The act of driving on a suspended license is not an offense you can be arrested for unlike other misdemeanors. Moore was charged with intent to sell crack cocaine. When Moore was first brought to trial, He filed a pretrial motion to attempt to suppress the evidence. He thought that he should not have had his vehicle searched without a warrant. From the original search and arrest he felt like his rights as a citizen had been violated. In Virginia they do not require suppression of evidence, which was obtained through the fourth amendment. When the trial court had it they discussed the option of suppressing the evidence, which would be being used against him in his trial, but denied the motion. The bench trial soon found him guilty of drug charges. Moore was sentenced to a Five-year prison term and one year and six months suspended sentence. The case went to a panel of Virginia’s intermediate court on the grounds of
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 vehicle the officers found 16 grams of crack cocaine and $516 in cash. The state law of Virginia states that the officers should have offered Moore a summons rather than arresting him. The statutes of the Fourth Amendment give the officers the right to search if they believe a crime was committed in their presence. The act of driving on a suspended license is not an offense you can be arrested for unlike other misdemeanors. Moore was charged with intent to sell crack cocaine. When Moore was first brought to trial, He filed a pretrial motion to attempt to suppress the evidence. He thought that he should not have had his vehicle searched without a warrant. From the original search and arrest he felt like his rights as a citizen had been violated. In Virginia they do not require suppression of evidence, which was obtained through the fourth amendment. When the trial court had it they discussed the option of suppressing the evidence, which would be being used against him in his trial, but denied the motion. The bench trial soon found him guilty of drug charges. Moore was sentenced to a Five-year prison term and one year and six months suspended sentence. The case went to a panel of Virginia’s intermediate court on the grounds of