glass of Merlot he sips is probably a more effective path to decompression. The show is one of the newer crime-scene spin-offs that have lately invaded the networks. A police forensic team is searching a car for evidence of an old homicide. One of the cops uses a glow-in-the-dark chemical to reveal blood traces, although the suspected crime occurred years before.
The cop’s partner remarks, “We wouldn’t even have a shot atgetting these results without probable cause giving us a chance to search the car.”
The words stay with Posner long after he goes to bed. Probable cause. What does it really mean? he wonders as he tosses for several hours before exhaustion plunges him into oblivion.
As soon as Sara leaves the next morning, he checks the Internet for information. The chemical referred to in the program that glows when applied to blood is called Luminol. It’s been used for some time by crime-scene investigators to detect traces of blood. The only apparent way to avoid a positive test result is to rip out the contaminated surface in its entirety. There is scant chance of even such simple renovation of a few tiles without involving Sara, since the entrance area was redone only three years before. He used bleach to remove all surface stains from the tiles and grouting, but the blood traces are still there, an image his mind cannot release, and he begins to wonder whether he will ever be liberated.
His Internet search yields one small, but unconvincing, consolation. He uncovers a comment from a defense attorney, which suggests that Luminol can produce a fake blood positive when it reacts with other substances including vegetation and cleaning fluid.
He waits till nearly ten to call Mark Rothman, his attorney. They haven’t spoken for several months, which is a positive sign with regard to his corporate uncertainties. Still, he needs to speak to Mark. His attorney specializes in criminal law, albeit only white collar, as far as Posner knows. He realizes they could speak in privileged circumstances, but he is not anywhere prepared to share his secret. He is kept on hold for several minutes until a secretary announces that she’ll put him through.
“This is Mark,” grumbles a voice. Posner pictures the slightly built man with a pink scalp sitting in his black leather chair, feet raised onthe far corner of the desk, an unlit pipe stem clutched in the corner of his mouth.
“You didn’t need to call. Nothing’s happening, and that’s good news.” Mark’s voice is clearer now. Posner imagines that the pipe has moved to Mark’s hand, or even to the desktop.
“I just wanted to check in,” says Posner. “It’s been a while.”
“Like I said, there’s no problem. Anything else I can do for you today?”
Posner feels he is being rushed off the phone, yet he realizes the man is not a friend, so he keeps his response brief.
“Oh, I was just curious about something,” answers Posner. “When the authorities want to investigate something or someone, and they need a search warrant, what does probable cause mean?”
“There’s nothing I can imagine you have to worry about on that score,” answers Mark. “As far as probable cause, shall I check the law dictionary, or can you get the short version?”
“The short version will work.”
“Okay, then. The gist of it is that if the authorities feel there are reasonable grounds for an evidence search based on the circumstances, a judge will grant the warrant.”
Posner is silent for several seconds before speaking. “I thought the phrase was probable cause, but you said reasonable grounds. What’s the difference?”
“None really, except that some decision about ten years ago seems to have expanded the authorities’ ability to search. In fact it’s not too hard now for the Feds or even local cops to get a warrant. I mean if someone’s innocent, then they have nothing to hide. Right?”
A part of Posner would like to spend more time in New York City.
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