No, because the contents of the briefcase gave the police probable cause to arrest the man. Consequently, the friend's arrest was legal and constitutional.
What is the cause?
- In connection with a person's legitimate arrest, a police officer may search them without a warrant. As long as the arrest was legal, any arrest is acceptable (e.g., reasonable and based on probable cause). The briefcase's contents gave rise to a reasonable suspicion that the friend was a part of the gambling organization, making his detention lawful.
- In accordance with a search warrant, the police had searched the home for gambling-related equipment. They have reason to think the person who left the bag was participating in the gambling enterprise after discovering such paraphernalia in it that wasn't there before.
- The officers had reason to assume that the friend, who had been missing during the original search, had left the briefcase and was thus participating in the gambling violations when they located him.
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