I dont see how the stop was unconstitutional if the guy had a warrant out for him. If the cop deliberately stopped him b/c he knew who he was, there’d be no court case. Its like if you are stopped and the cops run your plates and id and they find a warrant on you, they can’t search your car? I’m touching the safety tree, you can’t tag me?
Police are always finding out that people they have detained or stopped have outstanding warrants.
Agreed.
If the cop knew BEFORE the search that there was an arrest warrant on the guy, AND arrested him, that is a search incident to a valid arrest, which has long been allowed.
It sounds like here the cop did a search without probable cause and without knowing that the guy had a warrant on him, then arrested him or cited him because of what the no-probable cause search found, and only THEN found out the guy had an arrest warrant out on him.
This is a close call, IMO.