December 02, 2005

Just How "Probable" Must Probable Cause Be?

" ... probable cause can exist so long as there is more than a five- to ten-percent chance that evidence will be present in the place to be searched."

Those are Howard Bashman's words describing a recent position taken by Sixth Circuit Chief Judge Danny Boggs, one of the most prominent conservative appealate judges in the country. I'm not necessarily one for limiting the powers of the state to conduct investigations ... but c'mon. He's got to be kidding, right? What would the founders think? Not to mention the folks at Webster's Dictionary.

Posted by armand at December 2, 2005 12:02 PM | TrackBack | Posted to Law and the Courts

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