Thread: Memo is out
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Old 02-05-2018, 01:04 PM   #95
detbuch
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Join Date: Feb 2009
Posts: 7,688
Quote:
Originally Posted by wdmso View Post
Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances, probable cause can also justify a warrantless search or seizure. Persons arrested without a warrant are required to be brought before a competent authority shortly after the arrest for a prompt judicial determination of probable cause.
There is a specific process that must be met in determining the validity of a probable cause before it is presented to a FISA court. That process has been cited a few times in this thread. Perhaps you missed all that?
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