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Originally Posted by stlchiefs
Funny this was brought up, we talked about this case in Criminal Procedure today (I have exactly 1 day left of law school). From my understanding/opinion this isn't really too much of a stretch of the law.
Even though the arrest was illegal, the search incident to arrest is not unreasonable because the cop had probable cause. Probable cause is all that is required for such a search and as stated this was present. So, though the cop incorrectly arrested the defendant when a summons was in order, because probable cause was present for the search, there is no reason to toss the evidence obtained from the search.
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awesome congrats....we talked about this (briefly) in Administrative law today....I just am trying to think of another situation where this might happen...like getting arrested in your home for a noise ordinance violation aand subject to your arrest the police discover stolen property that they wouldn't have found if they had (as the ordinance calls for) just summoned you...I dunno interesting discussion tho