Drugs Seized in Improper Arrest Can Still Lead to Conviction, Supreme Court Says April 25, 2008
News Summary
The U.S. Supreme Court ruled unanimously that criminal charges arising out of a police search during an arrest can stand even if the arrest was later shown to be improper, the Associated Press reported April 24.
In the case before the court, Virginia police arrested a man for driving with a suspended license. During a search, they found crack cocaine and charged the man with drug possession. The man was later sentenced to 3-1/2 years in prison.
Under Virginia law, however, police should not have arrested the man for driving with a suspended license, but rather should simply have issued a ticket. On those grounds, the Virginia Supreme Court dismissed the subsequent drug indictment against the driver.
The U.S. Supreme Court overrode the state court's decision, however, saying that police have the right to arrest and search citizens when they believe a crime has been committed, in order to safeguard evidence and ensure their own safety. Attorneys for the driver unsuccessfully argued that the Fourth Amendment only permits searches after a lawful arrest.
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