Well, that's a good precedent for Police Power, as well. I got the shit kicked out of me by cops for using the "F" word, which is tantamount to the same thing. They didn't arrest me, they didn't have anything to charge me with, but they sure searched me for it.
Yeah, sure. The 4th Amendment too, but just because we are promised those rights, and privledges doesn't mean they can be excerized by everyone. Unarmed black men can still be shot for less.
It also looks like there's a Double Jeopardy here too. You can't write another ticket for the same violation, any more than you can re-try someone after they've been found not guilty, or sentenced.