cops

http://www.boston.com/news/local/massachusetts/articles/2008/03/25/police_limit_searches_for_guns/?p1=email_to_a_friend

so ... as long as the 4th amendment gets upheld (because they're explicitly promising not to prosecute if the get permission to look without a warrant), this is business as usual and potential a good thing. assuming the 4th amendment gets upheld.

but ... they get permission once and confiscate illegal weapons/drugs and there's not prosecution and all is good. then they get another report that same kid has another illegal gun. now they've confiscated before under this program ... easier to get a warrant and prosecute now? still not necessarily a bad thing ... kid did get one get out of jail free warning on this and is stupid enough to do it again.

i'm seeing good here unless they try to prosecute for the first offense where they promised no prosecution (because of the 4th amendment violation - ya, they had permission, but it was granted on the basis that they wouldn't prosecute for guns or drugs if permitted the opportunity to search; prosecuting would break that verbal contract IMO and make the granting of permission null and void and the search illegal).

my paranoid libertarian side says there must be a down side to this even if the 4th amendment gets upheld and they really don't prosecute for guns/drugs if found with permission to search. but i'm having trouble finding it. where is it?