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To: MortMan
To allow a warrantless search based on an odor and “sounds” is a very subjective standing - one which would be patently below the bar for getting a warrant.

Lulz! Wut?

Do you know what the standard for probable cause is? Probable cause is not a high bar, the Founders never intended it to be. The standard for probable cause is far less than "preponderance of the evidence" (50%+1).

56 posted on 01/18/2011 7:59:40 PM PST by freedomwarrior998
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To: freedomwarrior998

The standard for probable cause is well above the “I felt like it” level. It explicitly requires that an officer of the law be able to express a cogent probability that a crime has been committed. It takes a judge to hear the officer’s statement and agree that it is “enough” to warrant investigation.

In other words - it takes a modicum of time to make sure that whim is not the standard for search and seizure.

Having the judge involved helps to defray the rationalization of an illegal search by the police.

“I smelled a smell outside the apartment next door to a dope dealer, and there were sounds of people inside, who didn’t open the door when we knocked” doesn’t sound to me like a reasonable level of probable cause. But maybe I just expect the rules to apply to every one.


59 posted on 01/18/2011 8:20:16 PM PST by MortMan (I am in no mood to be amused! (Ebenezer Scrooge))
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