Whiskey Tango Foxtrot.
I feel sick. I actually agree with Sotomayor, Ginsberg and Kagan? What is wrong with me?
Better yet, what is wrong with Scalia?
Scalia thinks criminals should be brought to justice. That’s what’s wrong with him.
That would be my question, as well.
Suppression of evidence obtained unlawfully is our only protection against runaway police. Without some consequence for action out-of-bounds, the police would simply do anything they want and just say, "Oops, we made a mistake" and the Fourth Amendment would mean nothing.
Scalia needs to hold the police to the standard of expecting them to get the correct address. Why should a jury believe the statements of the informant if similar statements to police resulted in searching the wrong home?
Finding evidence behind a door does not change an unlawful search into a lawful search. Imagine the problems we would have if it did.
Bump in amazement that I too seem in agreement with them.