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di
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supra
pp
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scalia
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stevens
kennedy
souter
thomas
breyer
alito
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ginsburg
filed
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judgment
virginia
petitioner
david
lee
moore
writ
certiorari
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april
justice
scalia
delivered
opinion
consider
whether
police
officer
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amendment
making
arrest
based
probable
cause
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state
law
february
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car
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david
lee
moore
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officers
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license
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misdemeanor
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bench
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months
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panel
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amendment
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en
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amendment
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history
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statutes
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law
founding
era
determine
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amendment
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arkansas
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legislatures
might
immediate
object
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amendment
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general
warrants
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english
judges
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colonists
boyd
payton
new
york
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citizens
skeptical
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rules
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government
actors
index
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joseph
story
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amendment
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law
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enacted
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amendment
cases
scholars
identified
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base
constitutional
claim
violation
state
federal
statute
concerning
arrest
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davies
recovering
original
fourth
amendment
rev
see
also
taylor
two
studies
constitutional
interpretation
course
claim
available
state
officers
since
fourth
amendment
restriction
upon
federal
power
see
barron
ex
rel
tiernan
mayor
baltimore
pet
early
congresses
tied
arrest
authority
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officers
state
laws
arrest
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state
constitutions
also
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officer
insulated
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warrantless
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case
claimant
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answer
existed
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since
atwater
lago
vista
alteration
original
iii
history
provided
conclusive
answer
analyzed
search
seizure
light
traditional
standards
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hand
degree
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governmental
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see
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moore
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long
line
cases
said
officer
probable
cause
believe
person
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decisions
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changing
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state
chooses
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level
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amendment
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treated
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protections
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law
cooper
california
reversed
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held
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regardless
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rules
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lawfully
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vehicle
matter
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law
california
greenwood
held
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garbage
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amendment
hether
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within
meaning
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said
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state
law
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content
fourth
amendment
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whren
held
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officers
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though
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led
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provided
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law
legality
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without
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plainly
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derived
constitution
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repeatedly
invited
congress
change
statute
saying
state
law
governs
validity
warrantless
arrest
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applicable
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rule
applies
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congress
enacted
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rule
di
johnson
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di
suppress
evidence
obtained
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michigan
defillippo
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compliance
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issue
opinion
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said
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crimes
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incident
thoroughly
state
arrest
restrictions
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characterized
showing
state
values
interests
forgoing
arrests
highly
interests
making
see
dept
justice
national
institute
justice
whitcomb
lewin
levine
issues
practices
citation
release
mar
describing
cost
savings
principal
benefit
ordinances
showing
state
places
higher
premium
privacy
fourth
amendment
requires
state
free
prefer
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often
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amendment
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amendment
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see
va
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citing
janis
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moore
allow
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accord
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protection
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remedies
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amendment
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provision
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seizures
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state
law
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nature
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purposes
fourth
amendment
adhere
standard
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reasonable
fourth
amendment
given
great
weight
essential
interest
readily
administrable
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atwater
atwater
acknowledged
nuanced
judgments
need
warrantless
arrest
desirable
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declined
limit
felonies
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fourth
amendment
rule
allowing
arrest
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cause
believe
law
broken
presence
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rule
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concluded
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arrests
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redress
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less
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state
law
state
law
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virginia
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law
enforcement
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code
ann
atwater
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moore
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linking
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amendment
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law
cause
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place
time
time
whren
even
place
time
fourth
amendment
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might
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federal
officers
subject
statutory
constraints
state
officers
elkins
noted
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difficulties
posed
doctrine
imposed
stringent
limitations
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officers
state
police
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independent
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construe
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conclude
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reasonable
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restrictions
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fourth
amendment
protections
iv
moore
argues
even
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allowed
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allow
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officers
search
recognized
however
officers
may
perform
searches
incident
constitutionally
permissible
arrests
order
ensure
safety
safeguard
evidence
robinson
described
rule
covering
lawful
arrest
constitutional
law
reference
point
say
equated
lawful
arrest
arrest
based
probable
cause
custodial
arrest
suspect
based
probable
cause
reasonable
intrusion
fourth
amendment
intrusion
lawful
search
incident
arrest
requires
additional
justification
ibid
emphasis
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moore
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notes
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important
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defined
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compliance
state
law
see
brief
respondent
citing
people
chiagles
people
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surprising
used
lawful
shorthand
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law
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decision
robinson
used
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interests
justifying
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present
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officer
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enables
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station
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citations
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iowa
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agree
virginia
knowles
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state
officers
arrested
moore
therefore
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search
justification
robinson
supra
virginia
may
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required
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state
law
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wong
sun
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alone
concluded
province
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amendment
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state
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require
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evidence
obtained
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permissible
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reaffirm
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century
officers
probable
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amendment
permits
make
arrest
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suspect
order
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evidence
ensure
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judgment
virginia
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
virginia
petitioner
david
lee
moore
writ
certiorari
virginia
april
justice
ginsburg
concurring
judgment
find
historical
record
support
moore
position
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di
requiring
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search
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arrest
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pinned
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amendment
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power
ante
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long
line
cases
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regardless
state
law
probable
cause
renders
every
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presence
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line
decision
atwater
lago
vista
virginia
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driving
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license
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commonwealth
chose
moore
asks
us
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police
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authority
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license
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moore
us
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arrested
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bring
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suit
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virginia
law
demand
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evidence
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amendment
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may
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law
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moore
challenges
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law
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amendment
join
judgment
footnotes
arresting
officers
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upon
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moore
custody
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moore
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moore
contend
delay
violated
fourth
amendment
atwater
lago
vista
rejected
view
justice
ginsburg
advances
legality
arrests
misdemeanors
involving
breach
peace
depended
statutory
authorization
post
opinion
concurring
judgment
atwater
cited
sources
justice
ginsburg
relies
limited
view
arrest
authority
also
identified
quoted
numerous
treatises
described
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arrest
minor
misdemeanors
without
limitation
cases
statute
authorized
arrest
see
atwater
noted
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statutes
authorized
arrest
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breaches
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view
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also
reflected
common
law
particularly
since
atwater
considered
materials
justice
ginsburg
relies
see
reason
revisit
case
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early
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davies
collects
see
lone
decision
treat
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fourth
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shed
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citizens
time
amendment
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saw
reasonable
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massachusetts
example
state
constitutional
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paralleling
fourth
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earliest
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statutes
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argue
arrests
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commonwealth
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stimson
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mass
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also
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tukey
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asserting
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state
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asserting
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state
constitution
footnotes
common
law
prevailing
end
century
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arrests
minor
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peace
depended
statutory
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see
wilgus
arrest
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rev
neither
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citizen
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peace
emphasis
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halsbury
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see
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atwater
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noting
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extending
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misdemeanors
breaches
peace
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police
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presence
wilgus
supra
warrantless
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statute
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assistance
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reasonableness
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ante
justice
jackson
author
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however
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fourth
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see
ended
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constitution
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opinion
recognize
somewhat
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parse
allied
di
fourth
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instruction
announced
rule
derived
constitution
state
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federal
crime
federal
arrest
law
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legality
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federal
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point
law
state
arrest
without
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determines
validity
demonstrative
long
line
lists
atwater
devenpeck
alford
brinegar
gerstein
pugh
ante
cases
unlike
moore
case
state
law
authorized
arrests
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atwater
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code
ann
west
see
warrantless
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code
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michie
brinegar
whether
warrantless
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felony
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state
law
see
okla
tit
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involved
challenge
state
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procedures
validity
particular
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record
indicate
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whether
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indicate
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serious
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state
law
authorized
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ann
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