Jan 14th, 2008
Posted by Michael O. Allen, ACLU at 3:56pm

Safe From Unlawful Searches and Seizures?

Today the U.S. Supreme Court heard Virginia v. Moore, a Fourth Amendment case that's been wending through the judicial system for nearly five years.

The petitioner, David Lee Moore, happened to be driving by police officers Anthony and McAndrew on February 20, 2003, in Portsmouth, Va., at just about the moment that Detective B.J. Karpowski was alerting them to keep an eye out for an ex-con nicknamed "Chubs," who was believed to be driving with a suspended license.

The "Chubs" Karpowski was referring to was Christopher Delbridge, a man just released from a federal prison whose driving privileges the detective knew were suspended. But, as Moore's luck would have it, he shared with Delbridge this unfortunate nickname. In fact, "Chubs" is the name that officer Anthony knew Moore by. Moore also happened to be driving on a suspended license.

And so it came to pass that cops looking for Delbridge that day, found Moore.

Operating a vehicle with a suspended license in Virginia is a Class 1 misdemeanor offense, and officers are required to do nothing more than issue a citation to appear in court, and then release the offender. But rather than simply cite and release Moore, officers Anthony and McAndrew chose to handcuff and arrest him, an option unavailable to them under Virginia state law.

"Do you have any drugs on you?" officer Anthony asked Moore, adding, "where are you staying?"

Moore told him he was staying at an Econo-Lodge in Chesapeake. The officers asked him to sign a consent form allowing them to search his hotel room without a warrant. He signed the form. The officers searched Moore's room, then searched Moore himself and discovered that he had 16 grams of crack cocaine and $516 in his pants pockets.

At his trial for possession of drugs with intent to distribute, Moore protested the use of the drug evidence. The search violated, among other things, his Fourth Amendment right protecting him against unreasonable searches and seizures without a warrant. In addition, the officers violated a state law that prohibits arrests for misdemeanors. But Moore's trial judge didn't buy these arguments. He convicted him.

A three-judge panel of the Virginia Court of Appeals found the search illegal and threw out the verdict. But when Virginia's attorneys appealed this verdict before the full, 11-judge panel, the court's majority reinstated Moore's conviction. While conceding that state law forbade arresting Moore simply for driving with a suspended license, the court made a confounding decision that neither the arrest nor the subsequent search violated the Fourth Amendment. Their reasoning? An arrest based on "probable cause," which the majority found Moore's to be, is not unconstitutional. Therefore, the subsequent search did not violate the Fourth Amendment either.

Moore's attorneys took the second decision from the appeals court to the Virginia Supreme Court, which, in a unanimous decision, reversed the lower court's second ruling.

Now Moore finds himself before the U.S. Supreme Court today. The high court will settle once and for all whether the Virginia police officers violated Moore's Fourth Amendment rights, as our friend-of-the-court brief maintains. We hope the justices will find that officers Anthony and McAndrews acted outside the rule of law by violating Moore's constitutional right against unreasonable searches and seizures.

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Tags: U.S. Supreme Court

1. Anonymous Says:
   May 20th, 2008 at 5:35pm

   In the Governments quest for blind obedience in its “War on Drugs” most of our rights and liberties are secondary to winning the war. I used to have faith in the Supreme Court to rectify mistakes made by the Legislative and Administrative branches of Government. Since the Bush Administration as stacked the Court with anti-activist judges, that faith has turned in to utter horror of what the Supreme Court will rule on next. I have no doubt the Supreme Court will get this wrong and proclaim that no matter what the circumstances are when drugs are found the Police have the authority to make an arrest and the evidence will be allowed in court. The right to due process has become a farce and is typically being ignored by most law enforcement agencies. Deceit and intimidation are the keys to convictions these days, and the courts have given law enforcement the green light to use them.

   Aquaserpent

2. Rob Bateman Says:
   May 22nd, 2008 at 9:53pm

   An Army Veteran friend of mine doing a 16 yr sentence for a 5th degree felony after having many of his Constitutional Rights violated wrote the following and asked me to try and get it spread around. I am hoping to have it spread around in every forum I can find. Enjoy!

   A REBEL'S YELL

   I Am The Constitution of The United States. I am a Rebel, a wounded rebel. I have been assaulted and violated by those entrusted to guard and protect me. I have lost a significant amount of my powers and strength. My respect and standing has greatly diminished. Many executive, legislative, and judicial officers have usurped my powers and eliminated my checks and balances. I am YOUR, The Peoples document and Protector. And yet, you have failed to protect me!!!

   The duty to protect me, so that I may always protect you and your rights, was bestowed upon each of you by our forefathers. I understand your confusion and know that your neglect was caused by the very people, parties, and factions who have violated me so often. These are men and women who act out of self-serving interests. People aligned with their factions instead of with YOU, The People. These elected and appointed people have sought to prevent you from being the "Well Informed Citizenry" that our ancestors demanded. They know that uneducated and unknowing men and women can be more easlily led astray. That your weaknesses, weaknesses that are perpetuated by them, to cause you and I further harm. These Evil men and women, following their natural traits of greed and lust are in violation of all I stand for.

   Be it known that I am The Constitution of These United State. That I was made effective in 1789 and should still possess all the powers and rights incorporated in me except those amendments made after careful deliberation and with the full knowing consent of YOU, The People. I contain The Bill of Rights, and the structural rules by which YOUR Democracy shall forever stand. My words shall protect every person in these United States and provide them all with Liberty and Justice; and allow each of you to pursue your own happiness.

   However, I am merely a piece of parchment. I am a document&183; My words mean little or nothing if YOU the People do not defend and protect me and these words. These words are the only thing that prevents each of you from suffering the same evils, the rule of Tyrants, Kings, and Dictators that caused so many to risk their lives so that I may live and so that each of you may enjoy your liberties.

   Your military men and women are sworn to "Defend and Protect" me from all enemies foreign and domestic. And yet, here I am being violated by the most powerful men and women in the world while those in the military and most of my citizens sit by silently and watch.

   Our forefathers did bestow upon each of you certain inalienable rights, and duties. These rights and duties empower you and burden you with the powers and duties to follow them and defend me, so that I may live to protect you and your rights. You may assemble peacefully. You can speak as you please. You can petition your government and demand redress of all grievances. You may even abolish any person, party, faction, or form of this, your government through proper means. Because most of you do not know of these rights and duties, I sit unprotected against very powerful and knowledgeable men, women, parties, and corporations. The more I am violated, you are violated.

   Therefore, in defense of me, in hopes of educating and alarming all of you, in hopes of instilling that patriotic loyalty to freedom and your pursuit of happiness that each of you holds so dear. I CRY. I SCREAM, and I YELL OUT:

   "I WILL NOT GO QUIETLY!!!!"

   "I WILL NOT LIE DOWN!!!!"

   I am a rebel by nature, i was declared, fought for, written and enacted because mankind was tired of living under despotic rule

   Before it is too late, and I lose my remaining powers, I Beg of YOU, The People, to demand accountability and remove those who are violating your rights from the office and restore Democracy for the people.

   So America, if you are tired of the injustice, the loss of rights, the usurpation of powers into one collective enity, the demise of democracy, the loss of our standing and reputation in the rest of the world, discrimination, favoritism, and the entire "US & Them" unfairness of special interests and unified partisanship, and the unconstitutional self-serving actions of "THEM", -- Then UNITE and demand full restoration of MY POWERS and YOUR RIGHTS!!

   Unite as our forefathers did. All of you, The people in the streets, the poor, the minorities, the wealthy, the young and old, the workers, the unemployed, patriots - Democrats, Republicans, as well as third party voters. All of "US" must unite and peacefully assemble behind my powers and present a unified move for the restoration of democracy. Even if this means giving birth to my offspring, a new and improved version of a democratic constitution for these times, change must happen and we must restore our government to THE PEOPLE, to be run BY THE PEOPLE & FOR THE PEOPLE. This is after all how our forefathers; Jefferson, Adams, Washington, Franklin, Madison, and so many others achieved success.

   A united voice - Of The People - shall be too loud to be ignored. It is YOUR, OUR country. These are YOUR rights and duties. They are your elected representatives and leaders.

   I am your constitution. You are my people. I shall protect and provide for you -- If you protect and provide for me.

   And again I CRY: "WE THE PEOPLE OF THESE UNITED STATES, IN ORDER TO FORM A PERFECT UNION, ESTABLISH JUSTICE, INSURE DOMESTIC TRANQUILITY, PROVIDE FOR THE COMMON DEFENSE, PROMOTE THE GENERAL WELFARE, AND SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY, DO HEREBY DECLARE, THAT THE CONSTITUTION OF THESE UNITED STATES AND OUR RIGHTS AS THE PEOPLE SHALL BE FULLY HONORED, ADHERED TOM AND RESTORED TO ALL THE PEOPLE EQUALLY, AND THAT ALL REPRESENTATIVES OF THIS COUNTRY SHALL PERFORM ALL DUTIES ACCORDINGLY OR SHALL BE REMOVED FROM OFFICE AND POWER BY THE VOTE OF THE PEOPLE.

   Americans for a full restoration of Democracy

   Not affiliated with any party, faction, or candidate.

   Composed by Garry Allen Brewster 438788, Noble Correctional Institute, 15708 Ste Rte 78, Caldwell, Ohio 43724

   Mr Brewster asked that I post this in a Blog and He really wants it to be passed around so Please post to all your friends. We need to take america back for the People. Please write to mister Brewster and tell him what you think of A REBEL'S YELL, He is doing 16 yrs after a Judge violated many of his constitutional rights in Hamilton County Ohio

3. owen Says:
   May 26th, 2008 at 9:00pm

   how do i help this is sickining

4. Unconstitutional Conflicting Statute Says:
   Jul 22nd, 2008 at 1:15pm

   If this is true and 14 year olds are accountable for adult crimes then how does the statute for rape in the 2nd degree stand? Especially in cases where the juvenile has an extensive sexual history? This would obviously prove prior knowledge of the act and by soon after cooperating/consenting to it claiming illegality it would seem they participating adult could almost feel lured and entrapped especially in cases where alcohol may have been (adult only, under the influence) involved. It is also proven that chronological age is often disproportionate with mental growth as this article suggests. A child growing up in the inner city and dealing with life issues of survival and managing adult responsibilities at an early age may be more streetwise than an adult with limited social involvement. The Bible uses the context of puberty as the line for sexual intercourse. As God laid the law for Moses relative to sex he was clear to state in (Leviticus 19 Also thou shalt not approach unto a woman to uncover her nakedness, as long as she is put apart for her uncleanness.) This says a man should not approach a woman for sex during her unclean time which would set the barometer for sex at female menstruation or puberty. As there is a distinct difference between a child, someone prior to adolescence, and a juvenile, it is heinous to label someone a child predator or worse who is not attracted to children. Nor is it "just" to have hold the juvenile involved in a cooperative act harmless and the adult to be jailed and labeled as the lowest form of life in our society. Rape infers violence so to even charge someone with rape in a cooperative act with someone old enough to be charged as an adult with prior knowledge of the act is Cruel and Unusual Punishment. Especially when this crime under the current statute requires registration and a host of other severe penalties. Some penalties can separate a parent from their own children, grandchildren and family members indefinitely and prevent them from even being around males though the crime has nothing to do with male children/juveniles.

   These laws should be carefully reviewed as they are clearly in need of modification or removal. They harm not just the offender, the often harm the cooperating individual and any other children who in many cases are innocent bystanders.

5. Unconstitutional Conflicting Statute Says:
   Jul 22nd, 2008 at 1:25pm

   Under Common Law a child under 7 years of age is conclusively presumed incapable of crime. For children between 7 and 14 years of age the law deems the child incapable, but only prima facie (Latin: at first view) therefore evidence may be obtained that shows criminal capacity. “Over 14, infants (children) like all other persons are prima facie capable and he who would set up their incapacity must prove it.” ( Bishop on Criminal Law, 9th Ed. 1923).