In my view, if you have an imminent peril, the investigative hearing is not going to be the way that the police officers are going to choose to go. I think because of the wait and the difficulty in managing the hearing, this will not be a useful tool.
Part of the analysis here is that I think we should be ensuring that this is not just for show; that if the provisions are being put forward, we should make sure that they are necessary, because on their face they do violate the Constitution, so the burden is to establish that they are necessary and justifiable in a free and democratic society. If they have flaws in them, I think you should insist that they be corrected. Certainly I think it's better to have only for the future...and certainly better that they be an imminent danger so that you curtail the use.
But the investigative hearing transformed the role of the judges. They moved from a system that we've used for many centuries to a more inquisitorial system. I think there is some discomfort about this, because the ethics around it are just not well thought through.