Gen. Hayden and the 4th Amendment: Follow-up

[E-mail to Daniel Froomkin at the Washington Post (froomkin@washingtonpost.com), who is soliciting questions from readers for Tony Snow, the incoming White House press secretary, for his first-ever press gaggle this Monday.]

I think your solicitation for questions for Tony Snow in his first appearance as press secretary is a great idea. I also approve highly of your request that the questions not be smart-alecky gotchas -- I think there's far much too much of that in the liberal blogosphere.

With that last in mind, perhaps there's a way these two questions could be phrased less 'snarkily' ... I would really, honestly like to know the answers Mr. Snow would give to them. (I'm not a lawyer or Constitutional scholar but I think the facts presented are accurate...):

QUESTION: Are you aware that the Constitutional standard for performing a search that does not violate a citizen's protection against unlawful searches and seizures is 'probable cause'?

FOLLOWUP [assuming Mr. Snow answers in the affirmative]: On January 23 of this year, Gen. Michael Hayden, then national director of the NSA and now President Bush's choice as CIA director, disagreed with a reporter who stated that the standard was probable cause. Gen. Hayden claimed the standard was reasonableness. Has Gen. Hayden's incorrect understanding of the content of the 4th amendment of the U.S. Constitution since been corrected?