And a lot of case law arises from the desire to create specific <i>prospective</i> incentives for the parties in different situations. But a lot also arises out of judges trying to distinguish past precedent to get an end-result they want.<p>I think this happens a lot more with the 4th and 5th amendments because they&#x27;re so politically dicey. Like, okay, the cops shouldn&#x27;t have searched that parked car without a warrant, but now you&#x27;re the judge who has to exclude the gloves spattered with the victim&#x27;s blood they found in the trunk.