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"In the context of this case, a finding of probable cause would not be reasonable," Judge Chin wrote.
In the United States an indictment provides sufficient warrant for arrest of the accused, because the return of an indictment by a grand jury constitutes a finding of "probable cause".
"As the court notes in its decision, almost all of the evidence viewed either independently or collectively does not support a finding of probable cause -- let alone proof beyond a reasonable doubt, the test to be applied at trial," the statement said.
"If the government is correct in its position that membership in the Candyman group alone was sufficient to support a finding of probable cause, then probable cause existed to intrude into the homes" of several thousand people, merely because their e-mail addresses were entered into the Web site, Judge Chin wrote.
After a finding of probable cause, arrest warrants were issued last Tuesday.
"It's important to remember this is simply a finding of probable cause, not a finding of a violation," Athanas said.
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The Court therefore ruled that the government cannot constitutionally wiretap a telephone call without first obtaining a warrant based on a judicial finding of probable cause.
In Kaley, the Court held that when the government, following a grand jury indictment, restrains tainted assets needed to retain a lawyer, the Fifth and Sixth Amendments do not require a pretrial hearing at which the defendant can challenge a grand jury's finding of probable cause.
This finding of probable cause and the authorization to execute the search warrant is the tool used by the government to vitiate and circumvent the protections set forth in the Constitution of both the State of Michigan and the United States.
> -wrap-foot> > -wrap-foot> The initial diagnosis, based on clinical and EEG findings, of probable prion disease showed a sensitivity of 29% and a specificity of 87%.
Mr. Dreeben said that grand jury findings of probable cause often serve as a basis for jailing a defendant until trial.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com