>> courts - an agent of the state - being overly deferential and siding with the state

I am highly cynical about this methodology but it DOES work for the group, even if it is inefficent at it (and progressively getting more inefficient). Over the long run cops learn that they can't do X or Y, except for a few "new" abuses (e.g. civil asset forfeiture) we are probably better off than we were 50 or 60 years ago. At some point if we get too inefficient about it (which we may have already crossed), though, the equilibrium change will move towards regression since it is a cat-and-mouse game to some degree; cops are clever and talk to each other to strategize against protections, too.