Nov 19, 2007 Do not Pringle-ize Moore
In early 2006, the clouds parted, and the Virginia Supreme Court blessed criminal suspects with Moore v. Commonwealth, 272 Va. 717 (2006). Moore provides that the issuance of a criminal summons does not permit a police search. This is a particularly significant holding, when considering that summonses most commonly commence misdemeanor prosecutions in Virginia.
Unfortunately, rather than leaving well enough alone, the United States Supreme Court granted certiorari review in Moore . Hopefully the Supreme Court will leave Moore unharmed, unlike the damage done in Maryland v. Pringle, 540 U.S. 366 (2003), which reversed an excellent Fourth Amendment decision by Maryland’s Court of Appeals, as if crushing the Court of Appeals’ Pringle decision like a potato chip. Stay tuned.
ADDENDUM: Thanks to SCOTUS Blog for posting on this case.