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4th Amendment is Gone
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<blockquote data-quote="deleted member" data-source="post: 109940" data-attributes="member: 816"><p>To clarify a bit more... normally a search of your person incident to or while an officer is arresting you on probable cause that you committed a crime or pursuant to a warrant (like in this case) is perfectly fine. The problem with this case is that the officer only discovered the warrant after the illegal stop. The stop was illegal because it was not based on probable cause nor reasonable suspicion that a crime had been committed or that he had a warrant. Prior to this case, the remedy for the illegal stop and deterrent for police not to engage in such activity was that courts would suppress, exclude or throw out any evidence discovered as a result of the illegal activity or stop. If the court has gotten rid of the remedy, then there is no longer any deterrent for police not to stop anyone, anywhere, for anything and ask you to show them your "papers" or identification. If you don't see the problem with that, you might have enjoyed living in nazi Germany.</p></blockquote><p></p>
[QUOTE="deleted member, post: 109940, member: 816"] To clarify a bit more... normally a search of your person incident to or while an officer is arresting you on probable cause that you committed a crime or pursuant to a warrant (like in this case) is perfectly fine. The problem with this case is that the officer only discovered the warrant after the illegal stop. The stop was illegal because it was not based on probable cause nor reasonable suspicion that a crime had been committed or that he had a warrant. Prior to this case, the remedy for the illegal stop and deterrent for police not to engage in such activity was that courts would suppress, exclude or throw out any evidence discovered as a result of the illegal activity or stop. If the court has gotten rid of the remedy, then there is no longer any deterrent for police not to stop anyone, anywhere, for anything and ask you to show them your "papers" or identification. If you don't see the problem with that, you might have enjoyed living in nazi Germany. [/QUOTE]
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