Paradox of Self-Amendment by Peter Suber 34. The same logic arises in Fourth Amendment (search) cases. When police search a car on the basis of the driver's consent, as opposed to probable cause or a search warrant, then the driver can terminate the search at any time by revoking her consent. The state of Maine once argued that the revocation of consent in the middle of a search, just as the police approach the glove compartment or a parcel, is itself a suspicious act creating probable cause to continue the search without the driver's consent. This argument was rejected in State v. Walker, 341 A.2d 700, 704 (1975). Preserving the legally "formal" understanding of consent against psychologically more "realistic" interpretations of it is analogous to preserving the formal against the realistic understanding of the invocation of the Fifth Amendment privilege. 35. For other cases in which the admissibility of evidence turned on the factum probandum or fact to be proved, see Stowe v. Querner, L.R. Exch. 155 (1870), and State v. Lee, 127 La.1077, 54 So. 356 (1911). 36. For an analysis of tort liability so that it oscillates and pyramids like tax liability, see George P. Fletcher, op. cit. at pp. 1285ff. 37. See Richard Wasserstrom discusses the Beamish case in his The Judicial Decision: Toward a Theory of Legal Justification, Stanford University Press, 1961, at pp. 58-60. 38. Joseph Heller, Catch-22, Dell Publishing Co., 1962, at p. 47. 148