{"id":2245,"date":"2008-08-31T20:48:27","date_gmt":"2008-07-10T05:54:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-10T05:54:53","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2245","title":{"rendered":"CA8 jettisons cases contrary to Moore<\/em>; arrest outside officer’s jurisdiction not a \u00a7 1983 claim"},"content":{"rendered":"

Allegation city officer was outside his jurisdiction in making stop on interstate highway was not a \u00a7 1983 claim under Moore<\/em><\/a>. Rose v. City of Mulberry<\/a>, 533 F.3d 678 (8th Cir. 2008)*: <\/p>\n

Our cases on this issue have been mixed. In Bissonette<\/em>, we noted in dicta that “a search unauthorized by state law would ipso facto violate the Fourth Amendment.” … We have held or made statements to that effect in other cases. … Nevertheless, we have also held that “[c]onduct by a government official that violates some state statutory or administrative provision is not necessarily constitutionally unreasonable.” … This position, too, has support within our cases. …<\/p>\n

Whatever the state of our circuit law has been on this question, the Supreme Court recently held that a police officer who makes an arrest that is based on probable cause but who is prohibited by state law from doing so does not violate the Fourth Amendment. Virginia v. Moore<\/em><\/a>, 128 S. Ct. 1598, 1607 (2008). Moore was arrested for the misdemeanor of driving with a suspended license despite the fact that in the circumstances of his case Virginia law authorized only the issuance of a summons. The Court held that although a state may provide more protection from warrantless arrests than the federal Constitution, that enhanced protection does not govern the scope of the protections afforded by the Fourth Amendment. Id.<\/em> at 1606-07. If state laws could define the contours of the Fourth Amendment, its protections would “vary from place to place and from time to time.” Id.<\/em> at 1607 (quoting Whren<\/em>, 517 U.S. at 815).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2245","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2245","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2245"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2245\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2245"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2245"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2245"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}