Supreme Court says police may search even if arrest invalid Posted: 6 months ago by shep182
Doesn't this mean they can stop you for anything at all, arrest you without cause and search your vehicle to FIND a reason to convict you? This sets a very bad precident... even if the subject in question was guilty beyond a shadow of a doubt.
Comments: 4 Score: [-] 61 [+].
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Posted: 6 months ago by 2manyusernames:
No he was stopped for a reason, the search itself was federally constitutional even though the arrest was against state laws.
It isn't like this ruling allows them to go around arresting people in vast numbers for no reason.
Score: [-] 59 [+].
Posted: 6 months ago by shep182:
If the arrest itself was against the law... then how can the corresponding search be considered constitutional?
The search was a direct result of the arrest. IE... if they hadn't broken the law by arresting him, there would BE no probable cause to search the vehicle...
just strikes me as way wrong...
Score: [-] -4 [+].
Posted: 6 months ago by 2manyusernames:
« shep182 : If the arrest itself was against the law... then how can the corresponding search be considered constitutional?
The search was a direct result of the arrest. IE... if they hadn't broken the law by arresting him, there would BE no probable cause to search the vehicle...
just strikes me as way wrong... Of course, because it is just a drug crime.
What if it was something else? What if it was 5 dead bodies of 6 year old little girls? Should he then be released with a "oops our bad". What if it was crystal meth instead of crack?
The arrest may have been technically "illegal" but that doesn't always mean the search was illegal as well. They arrested him in good faith and found the drugs by doing their job. The one doesn't always invalidate the other.
Also you have to take into account why they arrested the man for driving with a suspended license. Many of us have been stopped for a traffic ticket without getting arrested. I assume there were other circumstances which isn't gone into detail here.
The fact that is was a unanimous decision should show that it isn't some horrible plot against innocent americans here.
Also, can't the police arrest him for a multitude of other reasons than just the ticket? They can stop him for the ticket, than find they have reasonable cause of suspecting him in some other crime and arrest him or even just take him in for questioning.
Score: [-] 73 [+].
Posted: 6 months ago by coldbladed:
If you weren't breaking the law then you wouldn't have to worry about getting searched by the police.
Except the ones that plant stuff on you, b*****ds.
Score: [-] 0 [+].
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