Will Baude

Although reasonable basis...

Objectively reasonable basis and reasonable suspicion also sound similar.

I mean, I know because I took Chrome Pro that reasonable suspicion is less than probable cause.

But in a way, if I didn't know, I was just trying to figure it out by the meanings of the words.

You're like, is a reasonable suspicion more or less than probable cause?

And I'd be like, I don't know.

We know that one is... If I had to pick, I'd just say it's in the middle.

It's like the weighted average of reasonable suspicion of provocation.

But I'm just guessing.

So, okay, good.

So maybe, so here are two thoughts.

There are definitely parts of it that are close to option three, but there are parts that I think... Because he looks at the restatement from the 1960s.

He looks at cases from other jurisdictions.

Yeah.

But there's a part where he does refer to the principle that officers lacking a valid warrant can take actions that any private citizen might do without fear of liability.

And they normally do no more than that.

Well, like private citizens of Montana are governed by the law of Montana.

If you were a private citizen of Montana and you violated the law of Montana by following the general law, it wouldn't get you very far.

But here's the thing.

The obvious solution to this problem is to overrule Erie, at which point the positive law and the general law collapse.