Moore v. Commonwealth

I agree with the majority that Moore was arrested in violation of Code § 19.2-74. However, I cannot concur in the judgment to reverse. I would hold that, because Moore was placed under full custodial arrest supported by probable cause to believe a criminal offense was committed, Moore’s arrest did not violate the United States Constitution. The exclusionary rule therefore does not apply, and Moore’s conviction should be affirmed.

*160The evidence in this case establishes beyond dispute that Moore was placed under a full custodial arrest supported by probable cause that a criminal offense had been…