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To: SeaHawkFan
The driver was stupid to consent to a search.

On that we absolutely agree. However since the pretext for the stop was not legal, anything arising from it was tainted. The court seems to be unaware of the term "testilying".

12 posted on 12/15/2014 10:35:10 AM PST by zeugma (The act of observing disturbs the observed.)
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To: zeugma

“However since the pretext for the stop was not legal, anything arising from it was tainted.”

Ah yes, the ‘tainted fruit’ theory that conservatives used to get upset about instead of endorsing.

If the stop was for what a reasonable person could conclude was justified, then illegal activity it uncovers is not tainted.

“Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined.”

When the only justice who agrees with you is Sotomayor, you are in pee-poor legal company!


31 posted on 12/15/2014 12:41:58 PM PST by Mr Rogers (Can you remember what America was like in 2004?)
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