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> It's not so easy to control because judges

Judges don't make laws (well, at least, they aren't the ones I'm talking about with a jurisdiction-wide, state or federal, prohibition.)

Now, if you want to say that it's not easy to control because legislators and ultimately the electorate are biased toward and support this kind of police intimidation, that may be the case (though that's exactly saying it's not easy to solve because we, as a society, actively desire the status quo. It's easy to solve, it's hard to convince people it should be solved, which has always been the problem with civil liberties.)



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