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by torstenvl
1752 days ago
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> They're called "warrants" but they can't possibly be supported by probable cause. Treating everyone in the area of a suspected crime as a criminal suspect until things can be sorted out inverts this concept. This not a good faith analysis. Probable cause to make an arrest of a suspect is different for probable cause of a search. Only the former requires probable cause to believe that a crime was committed and that the person in question committed it. Probable cause for a search means probable cause to believe a crime was committed and that the area to be searched contains relevant evidence. It is the question of whether "there is a fair probability that contraband or evidence of a crime will be found in a particular place." Illinois v. Gates, 462 U.S. 213, 214 (1983). If there was a murder in your neighborhood and your neighbor saw a random person digging a large hole in your back yard and putting a body bag in it, there would be probable cause to search your property without regard to whether you yourself were implicated as a suspect. |
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