Posted: 2/21/2012 9:37:59 AM
Originally Posted by be easy:
What exactly is probable cause then?
AFAIK, it is what the police use to obtain a search warrant
you lost me when you conflated "honest" and "fair" when describing lawyers
Well, why bother asking the questions then if you don't think you can get an honest and fair answer.
As for your first statement, you are half right. All circuits now hold that the probable cause for a search warrant requirement is obsolete in the face of exigent circumstances. It could be argued that the smell of marijuana presented such, although the home still retains the highest form of protection.
It is more of an open question as to whether a search warrant is necessary when probable cause exists, although if that were true, the Constitution would seem obsolete.
Those damn right wing acitivist justices.