Craig S. Lerner

87 Texas L. Rev. See Also 57

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First, he suggests that courts may already consider officer success rates, at least qualitatively, in the form of “officer experience.”  He argues that courts are more likely to believe more experienced officers, and likewise more experienced officers are more likely to be successful in searches.  Professor Lerner also takes issue with Professor Minzner’s claim that incorporating officer success rates will make the probable cause determination more accurate because the article does not fully develop the meaning of probable cause.  The comment explores some possibilities and problems associated with various conceptions of the term.  Also, Professor Lerner addresses Professor Minzner’s claim that his proposal will mitigate the problem of “testilying,” suggesting it is unclear if this claim would hold true in the suppression hearing context.  Finally, the comment suggests that the record-keeping burden placed on police officers by this proposal may be too onerous, which could deter some officers from applying for warrants in the first place.