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Another answer is to be aware that states will infringe civil liberties, but not provide the cover of law for those infringements.
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I'm somewhere left? of not providing the cover of law and way right? allowing a warrant to waterboard some poor guy. I meantioned mens rea earlier, because I think that's an important part of the decision on what to do about it. If there was no malice involved- i.e. searching 1313 Mockingbird Lane instead of 3131 Mockingbird Lane when the really DID want to search 3131 Mockingbird Lane, we shouldn't be looking at jail time or punitive damages- just compensatory, though compensatory could justify a lot more things. Is there a class of damages between the two?