Quote:
Originally Posted by Goooh
Exactly. Who doesn't agree with this?
And BTW, probable cause can be anything... Statistical Included. Statistics support the fact that a fella in a boat holding a fishing pole, with a net close at hand, is probably fishing. Further, he probably has an undersized fish or too many...
This vague term "probable cause" is right there in your 4th amendment, there is no concrete definition of probable or how to determine whether a man holding a poll is probable cause or not.
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If over a season, a given enforcement agency looks in 1000 ice chests and finds fewer than 500 violations, then they do not have probable cause. Odds are they probably find violations in fewer than 10% of ice chests they look in.
How, exactly, is that probable cause?
By the way, my reasoning is exactly the same on drug searches where probable cause is given by a dog. If searches based on a given dog fail to find drugs more than 50% of the time, then that dog should no longer be used to establish probable cause.