The most common justification for searches is this: the police have probable cause to believe that evidence of crime will be found in a particular place. What that justification means depends on what "crime" means. Yet Fourth Amendment law mostly ignores substantive criminal law; distinctions among crimes are usually irrelevant when it comes to regulating criminal investigations. This blindness to differences among crimes lies at the heart of what went wrong in both the Simpson suppression hearing and the Clinton investigation. It also lies at the heart of several large, unresolved problems in Fourth Amendment law.
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