Ideally you would be correct, but the big issue with that approach is that the Supreme Court has proven itself pretty amenable to police and prosecutors. Radley

Ideally you would be correct, but the big issue with that approach is that the Supreme Court has proven itself pretty amenable to police and prosecutors. Radley Balko's RISE OF THE WARRIOR COP[1] covers that extensively. In effect, the police keep coming up with ways to dull the Amendments 3-6, with legislatures' happily passing laws ratifying them. Unfortunately, the Court tends to side with the state in those situations. [1] Panel discussion here: http://www.cato.org/events/rise-warrior-cop-militarization-americas-police-forces http://www.cato.org/events/rise-warrior-cop-militarization-a...