Does the Justice Department argue that a prior showing of probable cause under the Fourth Amendment would "destroy its utility" by requiring a warrant?
MultiRegion, United States of America
The following excerpt is from U.S. v. Choate, 576 F.2d 165 (9th Cir. 1978):
80 The Justice Department has also argued that imposition of a warrant requirement would "destroy its utility" by requiring a prior showing of probable cause. However, "conduct which violates the fourth amendment is not made legal merely because it helps ferret out crime." (United States v. Moore, supra, 562 F.2d at 111.) It is obvious that warrantless searches without probable cause would often be of great utility to law enforcement. They are, nonetheless, constitutionally prohibited.
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