Will Baude

On the one hand, I find that really annoying.

On the other hand, since nobody knows what reasonable suspicion or probable cause mean anyway, or I mean, you people who teach criminal procedures seem to know what they mean.

But whenever I ask you for things like numbers, you tell me that it's illegal to put a number on it.

So I guess it's a little bit like if there's an opinion that says MRF.

And the question is, does MRF mean bleep or does MRF mean Google hop?

I'm like, I don't know.

You made all this up.

Yeah.

So, now there's one part, though, I am a little confused about.

The Constitution says probable cause.

Right?

The Constitution says... It says you can't issue a warrant... Without probable cause.

Without probable cause.

No warrant shall issue but upon probable cause.

Yeah.

And with an affirmation.

So, I had thought the idea was, if you need probable cause to get a warrant... Yes.

Then...

and you're relying on something, and you would ordinarily need a warrant, but you have some sort of exception, then you should also need probable cause of your exception.

The exigency is like taking the place of the warrant.