10 Cited authorities

Wolff v. McDonnell
418 U.S. 539 (1974) Cited 19,245 times 5 Legal Analyses
Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser
Virginia v. Moore
553 U.S. 164 (2008) Cited 1,035 times 16 Legal Analyses
Holding that an officer's violation of state law arrest rules did not render an arrest unconstitutional because "it is not the province of the Fourth Amendment to enforce state law"
South Dakota v. Opperman
428 U.S. 364 (1976) Cited 3,013 times 11 Legal Analyses
Holding that an inventory search was constitutionally permissible in part because there was "no suggestion" that the search "was a pretext concealing an investigatory police motive"
Utah v. Strieff
136 S. Ct. 2056 (2016) Cited 632 times 15 Legal Analyses
Holding that the exclusionary rule covers both "the primary evidence obtained as a direct result of an illegal search or seizure," and "evidence later discovered and found to be derivative of an illegality"
Bearden v. Georgia
461 U.S. 660 (1983) Cited 1,394 times 4 Legal Analyses
Holding that the State may enforce judgments against indigents by even such intrusive means as compelled "labor or public service"
Bell v. Burson
402 U.S. 535 (1971) Cited 1,796 times
Holding that due process is required for revocation of driver's license
N.C. State Conference of the Naacp v. McCrory
831 F.3d 204 (4th Cir. 2016) Cited 113 times
Holding that the North Carolina legislature's "rush" to enact election laws in the immediate aftermath of the Supreme Court's decision in Shelby County v. Holder , 570 U.S. 529, 133 S.Ct. 2612, 186 L.Ed.2d 651, indicated that the legislature acted with invidious intent, as, prior to Shelby County , those laws likely would not have survived preclearance by the Department of Justice
Bibb v. Commonwealth
212 Va. 249 (Va. 1971) Cited 16 times
Holding that the Commonwealth could not rely on the statutory presumption since the evidence showed that the defendant did not receive the notice mailed to him by the DMV
Section 46.2-301 - [Effective Until 7/1/2024] Driving while license, permit, or privilege to drive suspended or revoked
Va. Code § 46.2-301 Cited 42 times
Providing for mandatory minimum jail term of 10 days for repeat offenders
Section 46.2-395 - [Repealed]
Va. Code § 46.2-395 Cited 14 times
Providing that "the court shall forthwith suspend" a convict's license if fines and costs are not "immediate[ly] pa[id] in full"

Stinnie et al v. Holcomb

10 Cited authorities

Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser

Holding that an officer's violation of state law arrest rules did not render an arrest unconstitutional because "it is not the province of the Fourth Amendment to enforce state law"

Holding that an inventory search was constitutionally permissible in part because there was "no suggestion" that the search "was a pretext concealing an investigatory police motive"

Holding that the exclusionary rule covers both "the primary evidence obtained as a direct result of an illegal search or seizure," and "evidence later discovered and found to be derivative of an illegality"

Holding that the State may enforce judgments against indigents by even such intrusive means as compelled "labor or public service"

Holding that due process is required for revocation of driver's license

Holding that the Commonwealth could not rely on the statutory presumption since the evidence showed that the defendant did not receive the notice mailed to him by the DMV

Providing for mandatory minimum jail term of 10 days for repeat offenders

Providing that "the court shall forthwith suspend" a convict's license if fines and costs are not "immediate[ly] pa[id] in full"