Probable Cause and Reasonable suspicion?

JKSCHW at aol.com JKSCHW at aol.com
Wed Oct 4 07:23:38 PDT 2000


Right, a Terry pat down is not a "search" under the 4A.

Btw, the Supremes are now discussing a case where Judge Posner of my old court, the 7th Cir., struck down random roadblocks initiated for supposedly noncriminal investigative reasons--I forget what the rationale was--and then used drug sniffing dogs to bust people. If Posner is reversed, you can see where this leads. Scalia saw there was a problem, which is a good sign.

--jks

In a message dated Wed, 4 Oct 2000 9:25:14 AM Eastern Daylight Time, "Charles Brown" <CharlesB at CNCL.ci.detroit.mi.us> writes:

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>>> jlbaird3 at yahoo.com 10/03/00 05:31PM >>>

Doesn't it have something to do with the invasiveness of the search, i.e. a pat-down only needs "reasonable suspicion" while going through the pockets requires "probable cause"?

((((((((((((((

CB: I don't think the 4th Amendment differentiates types of searches. It just says searches require a warrant or probable cause.

>>



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