Can a court decline to decide the probable cause question in cases in which the good faith exception applies?

United States v. Moore, 968 F.2d 216, 222 (2d Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 480, 121 L.Ed.2d 385 (1992), demonstrates that we may decline to decide the probable cause question in cases in which the good faith exception applies. That procedure, however, should be used only when the court is genuinely uncertain about whether probable cause exists. Courts of appeals are the final deciders of the law in the vast majority of cases of this sort. This means that we owe a duty to define the boundaries of probable cause, so that affiants submitting applications for warrants, issuing magistrates, reviewing courts, and the executing officers on whose good faith we rely may have appropriate guidance. And these boundaries are best set, not by abstract statements, but by case-by-case decisions in real situations.