Dan Epps

And I can't tell you what those mean in numbers.

Nobody knows.

Nobody will tell us.

But I can tell you that reasonable suspicion is something less than probable cause.

And so the question here is, like, which one of those—

is required.

Traditionally, you need probable cause for warrant requirements, like exigent circumstances.

You're pursuing a felon, right?

You normally would need a warrant to go in the felon's home, but if there's some reason the person is fleeing or there's some other, you know, danger or destruction of evidence, as long as there is probable cause, police don't need to go get the warrant.

So here, the choice was kind of between those two options.

The court says, well, it's neither.

Those are the wrong way to think about it.

So which quantum of proof is it?

No, I don't know what they mean.

I know what they mean relative to each other.

Right.

And I can sort of give you some sense of the cases.

Yes.

And the warrants, the whole Fourth Amendment was not seen as primarily a crim pro.

We didn't really have an idea of criminal procedure at the time of the founding.