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To: Jim 0216
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.

But, IIUC, the search was pursuant to the unconstitutional stop and then it was found he had an outstanding warrant.
Again, it seems far too close to the ends justify the means-type thinking that the War on Drugs has used to shred the Bill of Rights.

58 posted on 06/22/2016 12:57:10 PM PDT by Edward.Fish
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To: Edward.Fish

the same argument is made concerning illegal aliens.

The illegal alien is still committing a criminal act by being in the country.

The person with the warrant still has a warrant that MUST be acted upon.


61 posted on 06/22/2016 1:02:54 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Edward.Fish

No, read the facts and the opinion again. Thomas said, and the facts of the case show, that it was AFTER the discovery of an outstanding arrest warrant, THEN they conducted a “search incident to arrest” (SIA)- perfectly valid. As Thomas said, the search was attenuated from the unreasonable stop because the SIA was conducted as part of a valid arrest pursuant to an arrest warrant.


64 posted on 06/22/2016 1:10:40 PM PDT by Jim W N
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