"Unreasonable" ... open to interpretation / "Probable cause" - key


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Posted by Walt on January 11, 2005 at 18:05:58:

In Reply to: Re: Have never been on a dive boat without at least 1 hunter posted by Dave on January 11, 2005 at 17:05:29:

Article IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Interpretation:
"Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search or seizure.

"unreasonable"
Therefore a lot hinges on what would be construed to be unreasonable...doing a quick check of on-board take would be reasonable, as taking game is an activity that occurs on dive boats (probable cause). Stopping a car on the freeway if there is nothing else to base the stop on would be unreasonable (lack of probable cause).




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