And a lot of case law arises from the desire to create specific prospective 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.

I think this happens a lot more with the 4th and 5th amendments because they're so politically dicey. Like, okay, the cops shouldn't have searched that parked car without a warrant, but now you're the judge who has to exclude the gloves spattered with the victim's blood they found in the trunk.