Quote:
Originally posted by Mmmm, Burger (C.J.)
i suspect that Rehnquist would not have flinched to get rid of the exlusionary rule, on the basis that an action in tort would sound, even if sovereign immunity could be invoked.
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And, of course, the family of the deceased can always seek an injunction to prevent the government from killing their beloved again.
There may come a time when a majority of the Supreme Court are willing to let the 4th and 5th amendments become dead letters, much as the 9th has become.