One brief set of comments and I'm gone. Re: the following comments:

Sergeant T
Thirty years ago search and seizure was relatively straightforward. Now it's a complex, nuanced maze that changes on an almost daily basis.

Uboat509
I would say that this is more of a consequence of the combination of unscrupulous lawyers combined with judges who want to legislate from the bench with a helping of liberal white guilt thrown in.
Unless Sergeant T speaks from a personal experience of 30 years past different from mine, the search & seizure situation in the period (say) 1968-1978 was far from "straightforward".

Nor, was it any more "straightforward" during Prohibition when S&S cases also multiplied. That era was prior to my life experience (snide comments are OK ); but, I studied those cases to handle S&S cases in the 70's and 80's - hat tip to the old judge who suggested I would find gold in those old cases of the 20's.

Uboat509's comment is worthy of BillO on Fox and goes as far to solve the real problem - which is nowhere. Since I am not burdened with a "helping of liberal white guilt", I will continue.

S&S law, in the vast majority of cases, is made by prosecutors and public defenders, who are not "unscrupulous". Some of them (metrics not anecdotes here would be helpful, Uboat509, if you wish to prove your case) may be "unscrupulous".

Those who are that, primarily are that by forgetting their primary duty is to support the Constitution; and the next, which is to preserve the integrity of the judicial system (the oath we all take as officers of the courts). Those who do that become mercenaries - whether they do that for love of money or love of cause.

So, my experience (albeit a limited sampling) has been that prosecutors and public defenders are not "unscrupulous"; nor are most privately-retained defense counsel (some are, within my definition).

As to "judicial legislation", get real. Both liberal and conservative jurists legislate - both with abandon - and have done so since the founding of our Republic. After 40 years in this "racket" (as some would call it), my conclusion is that judges should be screaming moderates. Not that I belong to that part of the political spectrum, but because screaming moderates will do less harm in the long run.

So, what is the real problem in S&S ? The elephant in the room is the simple fact that the product of the S&S - the real evidence - is generally credible and trustworthy (plants we can handle and are a separate issue). A .38 in a jacket pocket speaks for itself.

So, what justifications are presented for the exclusion of credible real evidence where the constable has blundered. Two are primary:

1. Exclusion serves as a general deterrent to future unconstitutional conduct by other constables in the future. That argument has never impressed me; but experienced cops would be in a better position than I to say how court decisions have changed them into more "constitutional citizens".

2. Integrity of the judicial system. The constables are a very essential part of that system. So, when the constable's blunder goes beyond a mere blunder, something has to be done. Obviously, that involves balancing - one of my reasons for preferring screaming moderates as judges.
What has happened in S&S cases from roughly 1960 is a concentration on Constitutional capillaries. Once a "constiutional violation" is found, the automatic remedy is exclusion of the evidence - no balancing of interests occur. The SCOTUS Florida case, IMO, is a good example where no damage to judicial integrity was involved.

I could ramble on (my "senior thesis" at Mich Law ended up several hundred pages long, calling for abolition of the exclusionary rule, except in limited special circumstances - fat chance that was going to be published by Mich Law Review ).

Bob's World - wearing your other hat as a DA, am I somewhat on target - or full of crap.

PS: Uboat509 - hat tip on including the swim test flap in another thread.