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All good Responses from Scott ! (Thank you)
Scott has hit the nail on the head with his expose! Please remember your basic substantive criminal law = infractions are civil in nature, misdemeanors & Felonies are CRIMES. DWS is a Misdemeanor.
Therefore a crime. Officers may elect a custodial arrest (even prohibited in Virginia and other states) and then the real expection to the warrant comes into play: Search incident to a custodial arrest.
All misdemanor (crimes) may be responded to, by officers, by a custodial arrest...My concern is that those justices in the Atwater case dissenting, joined the majority in this case. (I personally wish they would take a stand and stick to their constitutional guns, instead of confusing the rest of us who teach this stuff!) Anyway, this is such a great forum ! I will revisit it often! Thanks again Scott!