Can You Obstruct a Fraud?
by Andrew C. McCarthy June 15, 2017 1:30 PM
If an officer arrests you for a fraudulent charge, and you resist arrest,
you can be prosecuted and convicted for resisting arrest,
even though it was an invalid arrest.
But if an officer invades your home without a warrant or probable cause,
and finds contraband,
you cannot be prosecuted for possession of the contraband
because the search was illegal.
The Supreme Court holds that the outcome should be
the same as if the officer had obeyed the law.
The law is inconsistent. The principle that applies in the second case
should be applied to the first case.
Someone should argue this in court.