CAV REOPENS SEARCH-INCIDENT-TO-SUMMONS CASE

On Tuesday, March 22, the Court of Appeals granted an en banc rehearing in Moore v. Commonwealth .  On February 22, in a published opinion, a panel of the court had ruled that the police could not conduct a search of a person when the officer was required by law to issue only a summons instead of effecting a full arrest.  The matter will now be re-briefed and argued to the full court, probably in the fall.  (The court’s last en banc session of the 2004-05 term is May 24, by which date the briefing may only recently have been completed.  The first en banc session of the next term is September 28.)