Is not for the agent to decide if they have probable (not possible, but probable) cause or not. And without probable cause the search is unlawful. End of story.
JUDGES and not agents are the ones that determine if there is probable or not. If the agent believes he/she has probable cause, then there is no problem going to a judge and get a warrant. The Unconstitutional PATRIOT act, gave agent the Unconstitutional authority to write their own warrants.
Unconstitutional law is no law. As the legitimacy of government comes from the constitution. ANYTHING outside its bounds that government officials do, they do so not as the federal government, but as a criminal organization masquerading as government.
Is like the unconstitutional free zones they try to sell to the people. Since we live in a constitutional republic, an unconstitutional free zone means a federal government free zone. They have no lawful authority outside the bounds of the constitution. They only authority they have, is the same authority as mafia thugs asking for protection money. You know something bad might happen to you. And then you will end up kidnapped and extorted for ransom money.
Sorry for the rant, but it boils my blood seeing people accepting tyranny so willingly.
Actually, although I just read the 4th amendment, I wonder if there has to be an actual crime first? Is spying (on a specific person with a credible tip) legal when there is no crime yet? I really need to finish that online constitution class..
The 4th amendment says the government must name the specific person and place to be searched (or spied on in the modern world). So if they get a credible tip that a specific person coming from Russia is planning a crime, then getting a warrant and spying on that specific person or persons (using drones even) is good, and legal. If instead, the government tries to spy on the entire country looking for "suspicious" internet posts, that is unconstitutional and bad (and results in no attention being paid to the people they *should* have been spying on).