Posted on 11/23/2010 4:31:37 PM PST by JohnKinAK
This would end pretty quickly if jurors were allowed to do their job. Unfortunately, if a judge declares that probable cause exists before a search is performed, the government will (illegitimately) deny the target of the search any opportunity to examine whether probable cause really existed. The only practical venue in which such matters may be decided, with witnesses subject to cross-examination, is the jury trial. If a jury determines that probable cause did not exist for a search, it should refrain from construing any evidence therefrom in a manner detrimental to the target.
Judges may declare that stopping cars somehow constitutes "probable cause", but it one were to ask a jury whether the cop pulling each motorist would, likely as not, discover that the motorist was DUI, I doubt most jurors would say yes.
Thanks for the post. Too tired to say anything more pereptive than that ;) Hope you had a good Thanksgiving.
Still waiting and looking forward to take that train from the Hilton to nowhere on the NorSide.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.