23 April 2008

Lycurgus is Spinning in His Grave:
Moore v. Virginia - State Officers Don't Have to Follow State Law

Moore v. Virginia, in which a Virginia Officer made an arrest which was clearly illegal under Virginia law, the federal supreme court has ruled that there is no remedy under the constitution.

Citizens of the United States are not protected when the government breaks its own laws unless the government has granted them protections (either by law or constitution).

And what about the Virginia Supreme Court's finding, in its decision as final arbiter of Virginia law, that the required issuance of a summons is a citation? The federal supreme court doesn't even address it.

A disturbing opinion.

2 comments:

Daniel Quackenbush said...

It's nice that we have a prosecutor (Ken) who actually has respect for the Fourth Amendment and the rule of law.

I for one appreciate it very much.

ParatrooperJJ said...

+1

This it one of the worst rulings to come down the pike in a while. Hopefully the defendant has some sort of state civil action to pursue.