Why bother with a judge rubber-stamping a warrant then? If the officer has reason to think you should pony up, then why bother with a judge?
The involvement of the judge is Constitutionally required to satisfy the 4th Amendment. A warrant is simply a judicial recognition of probable cause — it is an independent review of the impending search. The officer doesn’t need to prove that the guy is drunk ... he simply needs to show that he has good reason to think the guy is drunk. If the officer sees probable cause, and the judge agrees ... the search is Constitutional.
Despite the activity of the ACLU, the Constitution is not exclusively intended as a list of technicalities for people to get away with criminal activity.
It is a control on government activity. When the government meets the criteria set out by the Constitution, the government has an interest in enforcing the law.
SnakeDoc