Chief Justice Roberts is Concerned of the Implications of Virginia DUI Case
U.S. Supreme Court Chief Justice John G. Roberts Jr. and Justice Antonin Scalia have expressed their concern over the decision of their colleagues to not hear an appeal on the case of Virginia v. Harris.
In the case of Virginia v. Joseph A. Moses Harris, Jr., Richmond Police received an anonymous tip of a drunk driver and soon thereafter pulled over Joseph A. Moses Harris, Jr. The officer issued a field sobriety test which Harris failed and thereafter was charged and convicted for drunk driving.
The case was appealed and heard by the Virginia Supreme Court on the issue that since the arresting officer did not actually witness any traffic violations or dangerous driving commonly associated with drunk drivers that the traffic stop violated Harris’ Fourth Amendment privacy rights specifically relating to unreasonable searches and seizures. The Virginia Supreme Court overturned the conviction and opined that a police officer must observe unsafe driving before pulling over a suspected drunk driver. Virginia officials then appealed that decision to the U.S. Supreme Court which has denied hearing the case.
Chief Justice John G. Roberts, Jr. questions the application of the Fourth Amendment privacy issue and is concerned of the implications of the Virginia Supreme Court’s decision that it may take needless lives on the road. In Chief Justice Roberts’ and Justice Scalia’s Dissenting Opinion, their concern of this matter is very clearly stated,
The conflict is clear and the stakes are high. The effect of the rule below will be to grant drunk drivers “one free swerve” before they can legally be pulled over by police. It will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check.
Related articles on this story:
ABA Journal – Roberts, Scalia Argue Undisturbed DWI Decision Grants ‘One Free Swerve’
Richmond-Times Dispatch – Roberts upset after Court passes on Va. DUI case
The Parrish Law Firm is experienced with defending Virginia drivers charged with serious traffic offenses such as DWI/DUI. If you are charged with DWI/DUI in Virginia, contact The Parrish Law Firm for a free and confidential case analysis.
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Tags: antonin scalia, drunk driving, fourth amendment, john g. roberts, joseph a. moses harris, jr., justice, richmond police, roberts, scalia, supreme court, u.s., Virginia, virginia v. harris
