An excellent two sentence summary of Scalia's opinion. See my post #78.
Except that the "twelve people" are supposed to determine if there WAS a crime.
"-- If a cop commits a crime by executing an illegal search, let twelve people decide whether the crime warrants punishment.
Meanwhile, don't let a murderer off the hook because a cop makes a procedural error. --"
Paulsen:
An excellent two sentence summary of Scalia's opinion.
Scalia admits that a cop commits a crime by executing an illegal search, -- so we let twelve people decide whether that procedural crime warrants punishment.
Meanwhile, don't let a criminal cop off the hook.
A criminal "procedural error" should not lead to conviction. Governments should not profit from their own illegal activities.
That's how a constitutionalist' opinion should have read.