Virginia v. Moore
Citation and Court
553 U.S. 164 (2008) — Supreme Court of the United States
Facts
Virginia law required officers to issue a summons rather than make a custodial arrest for certain minor traffic offenses. Officers nonetheless arrested Moore for driving on a suspended license (a crime for which state law prohibited custodial arrest) and searched him incident to that arrest, finding drugs.
Issue
Whether a search incident to an arrest violates the Fourth Amendment when the underlying arrest is prohibited by state law.
Holding
No; the Fourth Amendment does not incorporate state law restrictions on arrest authority. A search incident to an arrest is constitutional under the Fourth Amendment as long as the underlying arrest is supported by probable cause, regardless of whether state law authorizes the arrest.
Rule / Doctrine
The Fourth Amendment’s reasonableness standard is a federal constitutional floor independent of state law. When officers have probable cause to arrest, the search incident to that arrest is constitutionally valid even if state law would have required a different procedure. States may provide greater protection than the Fourth Amendment requires, but failure to follow state law does not automatically create a federal constitutional violation.
Significance
Confirmed the independence of the Fourth Amendment from state law procedural requirements. Officers who violate state restrictions on arrest authority do not automatically commit Fourth Amendment violations, though they may face state-law consequences.