Scalia has a point. Why do people doing bad things get a pass because of a LEO mistake? I understand the need to protect against police abuses but do we let the child molester, islamic terrorist, rapist or other criminal go and feel superior about it because someone errs?
Yes, because as a matter of public policy the system of incentives currently in place offers the greatest level of protection to the most people.
I don’t think the primary concern is error as much as misconduct. To answer your question, in the most extreme cases, yes.
Isn’t it for something like this that Bill Ayers never went to prison for his terrorist activities, and instead is an honored professor at the University of Illinois in Chicago?