The doorknob swap was not the sole basis of the warrant and it is extremly unlikely any judge would sign off on a warrant based on this little "evidence". The warrant was based on a number of facts, one of which was the swab on the doorknob. Although I agree with the judge's ruling, your senerio doesn't jibe with the facts of the case.
Umm. . .extremly should be extremely, senerio should be scenario, and jibe should be jive.
I think that it does. If the judge had ruled that the swab was probable cause for a warrant, then that would be all that would be required for a warrant. Probable cause is probable cause. That would allow the cops to use exactly the scenario that I described to obtain search warrants. He ruled that it was not admissable, which disallows them from doing just that.
It was an important ruling, and I am glad that it went the way that it did. It would have been horrible had it gone the other way. It was fortunate that the cops had probable cause other than the swab. A search warrant doesn't require multiple instances of probable cause. One will do, but several 'probable causes' decrease the chances of dismissal.
" it is extremly unlikely any judge would sign off on a warrant based on this little "evidence". "
--- Up until a short while ago, I would have said that 5 judges would have never signed off on eminent domain refering to private enterprise.