Wednesday, February 23, 2005

Court of appeals throws out cocaine conviction, says there is no such thing as a legal search incident to a citation

In Moore v. Com., the Court of Appeals in an opinion by Judge Elder reversed the denial of the defendant's motion to press, where the Court concluded that after the defendant was pulled over for driving without a license, under Va. Code 19.2-74, he should have been given a citation and sent on his way, instead of being held and searched.

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