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VIRGINIA v. MOORE

No. 06-1082.

128 S.Ct. 1598 (2008)

553 U.S. 164

170 L.Ed.2d 559

VIRGINIA, Petitioner, v. David Lee MOORE.

Supreme Court of United States.

Decided April 23, 2008.

Attorney(s) appearing for the Case

Stephen R. McCullough , for Petitioner.

Michael R. Dreeben , for United States as amicus curiae, by special leave of the Court, supporting Petitioner.

Thomas R. Goldstein , for Respondent.

Robert F. McDonnell , Attorney General of Virginia, William E. Thro , State Solicitor General, Stephen R. McCullough , Deputy State Solicitor General, William C. Mims , Chief Deputy Attorney General, Marla Graff Decker , Deputy Attorney General, Leah A. Darron , Senior Assistant Attorney General Office of the Attorney General, Richmond, Virginia, for the Commonwealth of Virginia.

Pamela S. Karlan , Jeffrey L. Fisher , Stanford, CA, Amy Howe , Kevin K. Russell , Howe & Russell, P.C., Washington, D.C., S. Jane Chittom , Stacie A. Cass , Richmond, VA, Thomas C. Goldstein , Steven C. Wu , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., for Respondent.

We consider whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law.

I

On February 20, 2003, two city of Portsmouth police officers stopped a car driven by David Lee Moore. They had heard over the police radio...

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