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It's an end run around the probable cause requirement for detention".
Judge Aiken said a practical effect of "a seemingly minor change in wording" was to allow the government to avoid the constitutional probable cause requirement.
In some applications like transportation industry, design necessities cause requirement for these kinds of tubes.
Here, to appreciate the basic tenor of his approach, we may survey the ad bellum just cause requirement.
The last topic is treated in two parts: what are causally relevant conditions ('causes-in-fact') and what are the grounds for limiting responsibility (the 'proximate cause' requirement).
These exceptions apply "[o]nly in those exceptional circumstances in which special needs, beyond the normal need for law enforcement, make the warrant and probable cause requirement impracticable".
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Specifically, McMahan believes that individuals are to bear at least some responsibility in upholding "just cause" requirements.
"The warrant and probable cause requirements," she said, "ensure that an objective magistrate determines that there is a good reason to believe that a search will turn up evidence of wrongdoing before mobile phone location data is disclosed".
The Second, Third and Fourth circuits of the US Court of Appeals have rendered similar rulings, upholding good cause requirements for concealed carry permits.
That does not end the matter, however, because the Supreme Court has held that many forms of searches are "reasonable" even if they do not satisfy the warrant and/or probable cause requirements.
Bou Bou's Law is a step in the right direction, but since cops already normally use no-knock raids when there's a gun in the house and since most drug suspects would destroy evidence if given the chance the probable-cause requirement won't be that hard to surmount.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com