Miller v. Toler

I am deeply troubled that, in legitimizing the Executive Branch’s use of unlawfully gathered evidence herein, the Majority makes this Court complieit in the improper and unconstitutional acts of Executive Branch officials. By embracing its “end justifies the means” test for whether a constitutionally recognized right is or is not to be protected by this Court, the Majority effectively surrenders to the Executive Branch this Court’s constitutional prerogative (and duty) to limit the search and seizure power of the Executive Branch. Specifically, the Majority empowers the Executive Branch…