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To: Jim 0216
The Fourth Amendment protects against UNREASONABLE searches and seizures. 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.

So, in essence the ends justify the means.

42 posted on 06/22/2016 12:09:46 PM PDT by Edward.Fish
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To: Edward.Fish

Having the warrant issued constitutes probable cause for executing the warrant, doesn’t it?


44 posted on 06/22/2016 12:16:23 PM PDT by equaviator (There's nothing like the universe to bring you down to earth.)
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To: Edward.Fish

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.


49 posted on 06/22/2016 12:32:20 PM PDT by Jim W N
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To: Edward.Fish
So, in essence the ends justify the means.

Ding Ding! We have a winner!

Anyone who has been paying attention to the supreme court over the years will recognize that this is just one more bite taken out of our rights by the ever expanding police state. Each small bite of a piranha in and of themselves, is not really all that significant. It all of them taken together that is the danger.

73 posted on 06/22/2016 2:03:22 PM PDT by zeugma (Welcome to the "interesting times" you were warned about.)
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