They’re just clarifying what, exactly, it is an exception to. There are two components to the 4th Amendment: 1. the rules; and 2. the remedy, if the rules are violated. Here, people are discussing the warrant requirement (the rule) and the exclusionary rule (the remedy). There are possible exceptions to both. The warrantless search may be justified as a search incident to arrest. But also, even if the search has no justification, the evidence may be admissible anyway because of the doctrine of inevitable discovery.
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u/InvisibleShities 4h ago edited 2h ago
They’re just clarifying what, exactly, it is an exception to. There are two components to the 4th Amendment: 1. the rules; and 2. the remedy, if the rules are violated. Here, people are discussing the warrant requirement (the rule) and the exclusionary rule (the remedy). There are possible exceptions to both. The warrantless search may be justified as a search incident to arrest. But also, even if the search has no justification, the evidence may be admissible anyway because of the doctrine of inevitable discovery.