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To: Jim 0216
'Thomas is saying that regardless of the unreasonable stop, the police had a duty to arrest the guy based on an outstanding warrant which adds up to a reasonable search incident to the arrest.'

The stop was based on a anonymous tip at a house. Utah conceded it was a illegal stop. The person was detained merely from exiting a house that was rumored to have drugs at. Would we have put up with this coming from our British overlords; no.

41 posted on 06/22/2016 12:08:23 PM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: Theoria

why would he get a free pass on an outstanding warrant? If everything relating to the stop is excluded he would have to still be arrested. Inventory searches are routine for various common sense reasons (theft accusations, weapons etc)


47 posted on 06/22/2016 12:23:28 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Theoria

Again, the search as a result of the unconstitutional stop would have been disallowed.

But once it was discovered there was an outstanding warrant for this guy’s arrest, the search that followed the legal arrest was a “search incident to arrest”, perfectly OK.


50 posted on 06/22/2016 12:32:57 PM PDT by Jim W N
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To: Theoria

If Hilary wins, it will be time to make one’s footprint as small as possible. Forget going online for anything. Deal in cash. Don’t use anything but an iPhone until Apple is forced to comply with government demands to jettison encryption. Then do without. There are many ways to lead an underground life as fugitives have proven over decades.


54 posted on 06/22/2016 12:40:14 PM PDT by txrefugee
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