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To: Secret Agent Man

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.


22 posted on 06/20/2016 12:54:01 PM PDT by Flash Bazbeaux
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To: Flash Bazbeaux

The search was BEFORE discovery of an outstanding arrest warrant? Sounds like Thomas is saying the search was reasonable because it was AFTER the arrest.


28 posted on 06/20/2016 1:18:18 PM PDT by Jim W N
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