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CA8: Open container violation supports arrest under Fourth Amendment, even if not under state law

By John Wesley Hall, Jr.

Arrest for an infraction of driving with an open container did not offend the Fourth Amendment, despite state law, applying Virginia v. Moore. United States v. Burtton, 2010 U.S. App. LEXIS 6916 (8th Cir. April 2, 2010): Here, Burtton's violation of the open container law constituted an "infraction," not a misdemeanor. Therefore, the question is whether the commission of an "infraction" in the presence of officers supplied the officers with probable cause to arrest Burtton under the Fourth Amendment. "In a long line of cases, [the Supreme Court has] said that when an officer has probable cause to believe a person committed even a minor crime in his presence, the balancing of private and public interests is not in doubt. The arrest is constitutionally reasonable...continue to full post

Full post as published by Fourth Amendment on April 06, 2010 (boomark / email).