Applying the standard of reasonable doubt to search warrants is an unreasonably high burden of proof to place on the state. Search warrants are supposed to be issued when there is
probable cause, or justifiable suspicion, that a crime has taken place. Requiring evidence beyond a reasonable doubt would mean that prosecutors must conclusively prove that an entire warehouse is used for illegal purposes before they can search the entire warehouse; the logic here is circular.
However, the protection you're petitioning for is already granted by the State Constitution. Search and seizure of property is only allowed if there is a reasonable doubt that the property is used for illegal purposes. Moreover, if a citizen rents a storage unit, if their lease is valid, and if their lease does not allow the warehouse owner to inspect the unit without consent, then the unit is effectively the property of the renter and
not the warehouse owner.
It is therefore the opinion of the Court that
- Under Section III, Ordinance II of the State Constitution, any sweeping search of a storage facility that includes storage units which the State has no probable cause to search is illegal.
- Under Section III, Act IV of the State Constitution, the State may search multiple units if it can demonstrate a tenant's ties to organized crime and a conspiracy by said organization to commit a crime.
StormeusChief Justice
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