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> discover probable cause to effect a search.

Right so when you get arrested at that traffic stop, all you need is about $15-20k+ for lawyer, tons of time in courtrooms, bail money, potentially jail time in between, months/years stressing a criminal charge...and hopefully some decent evidence you can convince a judge or jury your rights weren't infringed.

There are a ton of externalities that goes into proving the state wrong and protecting civil rights at the court level. The majority of drug convictions happen to people in lower socio-economic positions (if not, asset seizure will ensure it). So the fact lawyers are capable of destroying the DEA's evidence in a courtroom doesn't make me feel any better about the situation. Reducing the use of drug dogs is a good start, far too many false-positives.



Just so we're clear that we're on the same page, I'll point out that I wrote the same thing in my comment, and agree that it's a real concern.

On the other hand, it's also worth understanding that "parallel construction" (it didn't always used to be called that) isn't new. It's also what happens when the DEA manages to get an informant placed high up in a cartel or organized crime operation. You want to be able to exploit your source, but you don't want to burn that source, because they'll keep being valuable going forward.


An informant and NSA monitoring are only similar things when the informant happens to be the suspect's phone, computer, etc...




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