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The Champion

November/December 2008 , Page 28 

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Supreme Court 2007-2008 Review

By Meaghan McLaine

Read more U.S. Supreme Court Review columns.

The 2007-2008 Term was quite a good one for the criminal defense bar and its clients. Though there perhaps were no landmark cases of the Crawford or Booker variety, the U.S. Supreme Court delivered a number of incremental advances for criminal defendants. With a docket mostly lacking in habeas cases to test federalism and finality concerns but replete with direct appeals, the justices were generally inclined to construe federal criminal statutes narrowly and core constitutional rights broadly.

Fourth Amendment

Arrest Based on Probable Cause but Prohibited by State Law

Virginia v. Moore, 128 S. Ct. 1598 (2008). An arrest based on probable cause but prohibited by state law does not, the Court decided, violate the Fourth Amendment.

In an opinion by Justice Scalia, the Court found the historical record on such arrests inconclusive, though it did note that the Fourth Amendment was not designed to be a “redundant guarantee” of legislative search-and-seizure limits. But

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