Thursday, December 16, 2004

Still knowing when to say Whren

In Devenpeck v. Alford, the U.S. Supreme Court in an opinion by Justice Scalia considered the question of "whether an arrest is lawful under the Fourth Amendment when the criminal offense for which there is probable cause to arrest is not 'closely related' to the offense stated by the arresting officer at the time of arrest."

The answer, based on the Whren case, is yes.

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