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To: Sally'sConcerns
Is there such a thing as a probable cause warrant? I really don't know if there's such an animal but it would seem that if they find someone selling drugs at a particular house they already have probable cause to search the house.

All warrants are supposed to be issued based on "probable cause". It's in the Constitution.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Fourth Amendment, Constitution for the United States.

As far as I'm concerned, breaking down the door in the middle of the night is the very epitome of an "unreasonable search", warrant or no warrant, unless there is probable cause to believe some innocent third party is in grave danger of imminent harm. (Hostage, etc). Otherwise knock on the door and serve your warrent. Don't whisper "Police Search Warrant", a few seconds before, or as, you crash through the door. If you do, expect the Second Amendment to "do its thing".

178 posted on 11/23/2006 6:46:12 PM PST by El Gato
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To: El Gato

It was not in the middle of the night, it was just before nightfall, which down here is like between 6 and 7 pm.


186 posted on 11/24/2006 7:32:21 AM PST by panthermom
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