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by dragonwriter
4367 days ago
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Right, but the "probable cause" is technically different -- for a search without arrest, they need probable cause to believe that there is contraband in the car, for arrest they need probable cause to believe you have committed a crime. Given that possession of contraband is itself a crime (though generally one with a mental state requirement), there is quite a lot of overlap between the two kinds of "probable cause", but they aren't equivalent. |
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