Moore v. Commonwealth

ELDER, J.,

joined by FITZPATRICK, C.J., BENTON and FRANK, JJ., concurring, in part, and dissenting, in part.

I join in the majority’s recitation of the facts and its conclusion in Part II. A that David Lee Moore’s arrest violated the express provisions of Code § 19.2-74. However, I disagree with the majority’s conclusion that this statutory violation did not rise to a constitutional violation under the facts of this case. I would hold that the decision in Knowles v. Iowa, 525 U.S. 113, 119 S.Ct. 484, 142 L.Ed.2d 492 (1998), compels the conclusion that the search incident to the unlawful…