hal lillywhite wrote:

On Apr 24, 1:22 pm, Bill Shatzer wrote:

If a camera can really look through walls then police use constitutes
a search which must meet the same requirements as if they cop goes
into the house.

The English common law said THAT?

Nor does it say that cops can't have someone sneak a bug into
someone's home without a warrant.

Thus the need to advance the definition of "unreasonable searches and
seizures" beyond the confines of the English common law in 1791.

It simply says (if I understand
correctly) that you need a warrant to search private homes etc.

You understand incorrectly. The constitution merely speaks to
*unreasonable* searches and seizures. Searches and seizures with a
probable cause warrant a presumed reasonable but they are not the only
ones which are.

That
is any search, be it by physical entry or infrared. The question is
if it is a search and if so is there probably cause.

Two excellent questions - neither of which is addressed by the 1791
English common law.

In addition the forth amendment
clarified the need to get a warrant based on probable cause.

We can add "probable cause" to the list of constitutional imponderables.

I would like to see a number put on that. At least 75% probable that
there is evidence etc. there before the warrant is issued. Of course
that would require teaching some probability to cops and judges.

Just how would you presume to place a number on THAT.

What constitutes "75%" or whatever probability? However would you
compute that?

That's the sort of thing I can have lots of fun with.

But not in any real world situations.

You do things
like determining witness reliability, or the probability that the tire
tracks at the scene. Most likely you will have to calculate joint
probabilities.* Not that difficult to do if you have a bit of
statistical knowledge.

That's not how "prudent and cautious" people operate in the real world.

And probable cause operates on the basis of such individuals, who are,
in almost all instances, NOT statisticians.

peace and justice,