[ByThyGrace]

In modern republics there is the practise of turning custom into law[0] by the generalized social manifestation of said custom, without said law having been enacted by a legislative body such as congress. All it takes is one judge setting the precedent.

0: https://en.wikipedia.org/wiki/Customary_law

[vanusa]

In edge case matters not defined by current law, sometimes.

But precedents that simply overturn other laws -- or as applies to the matter at hand, in the United States at least: the 4th Amendment - no.