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Focus (Forum & Focus)

Jan. 3, 2008

Fourth Amendment's Protections Should Not Be Weakened by State Laws

Forum Column - By Edward J. Loya Jr. - A Supreme Court case coming out of Virginia's highest court will determine whether state standards for a legitimate arrest can determine the protections afforded by the Bill of Rights.

FORUM COLUMN

By Edward J. Loya Jr.

      On Jan. 14, the U.S. Supreme Court will hear oral arguments in a case that raises an important question about the relationship between state law and the Fourth Amendment in defining search-and-seizure protection - and, more fundamentally, about whether the meaning of the Fourth Amendment depends upon state law.
      The precise issue in Virginia v. Moore

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