Media for Virginia v. MooreAudio Transcription for Oral Argument - January 14, 2008 in Virginia v. Moore
Audio Transcription for Opinion Announcement - April 23, 2008 in Virginia v. Moore
The officers in fact arrested Moore and they therefore faced the risks that we have described as "an adequate basis for treating all custodial arrests or alike for purposes of search justification."
The officers violated state law and state law alone by failing to issue Moore a citation and send him on his way and it is up to Virginia to remedy that violation as it sees fit.
If he wish – if it wishes to impose an exclusionary rule, it may do so, but the Fourth Amendment does not compel that course.
The judgment of the Virginia Supreme Court is accordingly reversed. Justice – Justice Ginsburg has filed an opinion concurring in the judgment.