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On Apr 21, 4:13*pm, Bill Shatzer wrote:
English common law at the time would define the term since that is what they were basing it on. And just what did the English common law have to say about infrared cameras and telephone taps? 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. 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. |
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