When Hank found the RV with Jesse and Walt inside, they may have actually been better off had he not waited for the warrant.

I’m rewatching the series and I’m at the episode in season 3 where Walt tries to destroy the RV but Jess accidentally leads Hank directly to it. The junkyard guy goes into protection from unlawful search and seizure and, after declaring for Hank that his probable cause must be readily apparent, Walt makes a call and Hank leaves the scene.

However, Hank’s entering that RV without probable cause, a warrant or an invitation would have broken the law and been a procedural disaster, likely leading to a mistrial even if he found all the meth supplies and had them dead to rights. Now, a case being tossed for a mistrial isn’t necessarily the same thing as protection from double jeopardy, but federal cases with procedural undercuts generally go out the window.

For what it’s worth, letting Hank break in might have actually been better for Walt and Jesse in the long run. If not for the call to Marie, Hank would have parked outside that lot’s main exit and escape would have likely been impossible, thus prolonging their inevitable capture and legal arrest.

Submitted May 01, 2019 at 11:07PM by mycarisorange http://bit.ly/2J8EyHb