There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.
¶ Arizona v. Hicks, 480 U.S. 321 (1987)
Majority (6-3) Supreme Court opinion that refused to expand police power to search or seize evidence they suspected might be stolen.
[I]t is quite impossible to come to an objective assessment of ... literary or artistic value. ... Since ratiocination has little to do with esthetics, the fabled 'reasonable man' would have to be replaced with ... the 'man of tolerably good taste' -- a description that betrays the lack of an ascertainable standard. ... Just as there is no use arguing about taste, there is no use litigating about it.
¶ Pope v. Illinois, 481 US 497, 507 (1987)