Illegal Arrest?

[Third Eye]

Originally Posted by DenverChief

well right it basically excludes all evidence of a crime obtained through and illegal search and seizure ...well isn't an unlawful arrest an illegal seizure? held to the states by the 14th amendment?

Maybe I'm mistaken here, but my interpretation is that while the arrest was unlawful according to state law, it wasn't unlawful according to the US Constitution. Since no (federal) Constitutional right was violated, no protection was offered by it.

[banyon]

Originally Posted by Third Eye

Maybe I'm mistaken here, but my interpretation is that while the arrest was unlawful according to state law, it wasn't unlawful according to the US Constitution. Since no (federal) Constitutional right was violated, no protection was offered by it.

This is my reading to. There's no federal constitutional right to be issued a citation for a traffic offense in lieu of arrest.

Since it is a right provided by the state (in this case Virginia), it's also up to them to figure out what remedy they want when it is violated. In this case it appears the the VA legislature is comfortable with civil suits as a deterrent to police misconduct in this area instead of the exclusionary rule.

I disagree with the VA legislature, but I don't disagree with the Court's decision.

[stlchiefs]

Originally Posted by banyon

Since it is a right provided by the state (in this case Virginia), it's also up to them to figure out what remedy they want when it is violated. In this case it appears the the VA legislature is comfortable with civil suits as a deterrent to police misconduct in this area instead of the exclusionary rule.

Exactly. This is another point that needs made, the Defendant has a right to a civil suit against the cop for these actions. Many people may misunderstand and think the defendant is just SOL, on the criminal side this is true, but he may still get something out of this incident via a civil suit.

[DenverChief]

Originally Posted by Third Eye

Maybe I'm mistaken here, but my interpretation is that while the arrest was unlawful according to state law, it wasn't unlawful according to the US Constitution. Since no (federal) Constitutional right was violated, no protection was offered by it.

Originally Posted by banyon

This is my reading to. There's no federal constitutional right to be issued a citation for a traffic offense in lieu of arrest.

Since it is a right provided by the state (in this case Virginia), it's also up to them to figure out what remedy they want when it is violated. In this case it appears the the VA legislature is comfortable with civil suits as a deterrent to police misconduct in this area instead of the exclusionary rule.

I disagree with the VA legislature, but I don't disagree with the Court's decision.

Oh I see so because the VA SC used the Federal Constitution as its basis for their opinion on the unlawful arrest then the Feds became involved....otherwise the ruling of the VA SC would not be challengable in federal court