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: How Appealing

May the probable cause required to obtain a warrant for criminal investigative purposes be "context dependent"?

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"I do not read Griffin and Kyllo as categorically holding that the probable cause required to obtain a warrant for criminal investigative purposes can never be 'context dependent,' that is, affected by the nature of the property to be searched, the manner of search, and the intrusiveness the search will entail." The concurrence to an en banc ruling that the U.S. Court of Appeals for the Eighth Circuit issued today in a thermal imaging search warrant case addresses the interesting question "whether the probable cause required to obtain a warrant may ever vary based on the nature of the property being searched, the purpose of the search, and the extent of the physical intrusion into the home that the search will entail."

This afternoon at "The Volokh Conspiracy," Orin Kerr has this post about the en banc ruling and the concurring opinion that I have noted above.

Full post as published by How Appealing on January 30, 2009 (boomark / email).

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