I think the real problem here is that the courts are failing to provide the "independent judiciary" role. The whole point is for an independent expert to look a

I think the real problem here is that the courts are failing to provide the "independent judiciary" role. The whole point is for an independent expert to look at the law and situation and make a determination. The problem is that the local/state judiciaries very infrequently find a police organizations behaviors unlawful. Time and time again, the local law enforcement stretches the definition of unreasonable/excessive/etc and the courts go along with it. The statistics are completely out of whack (to lazy to dig up the reference I saw a few years ago) on the side of the police. Which is why there are so many of these crazy cases making themselves to the supreme court. Its the airport search situation, at no point has a court actually stepped in and said this is unreasonable, which is why we find ourselves in a situation of being naked body scanned, felt up, poked and prodded like animals without a drop of probable cause.