The origins of probable cause

March 30, 2012

  • 349 Searches and Seizures
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  • 349k40 Probable Cause
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349 Searches and SeizuresProbable cause is concept unique to Constitution of the United States and its Fourth Amendment, and origins of probable cause are found in the brain and spirit of James Madison and his reaction to the sorry experience that the British colonies in North America had endured with regard to general warrants and writs of the King of England in the mid-1700’s.
United States v. Taylor, 931 F. Supp. 1447 (N.D. Ind. 1996)