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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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Its been a few years since I have taken a crim pro course but this it pretty much the same interpretation I recall.