See other Dead Constitution Articles
Title: High Court Backs Police No-Knock Searches
Source:
Associated Press
URL Source: http://sfgate.com/cgi-bin/article.c ... /06/15/national/w074310D26.DTL
Published: Jun 15, 2006
Author: Associated Press
Post Date: 2006-06-15 11:27:09 by Brian S
Keywords: None
Views: 197
Comments: 7
(06-15) 08:23 PDT WASHINGTON (AP) -- The Supreme Court ruled Thursday that police armed with a warrant can barge into homes and seize evidence even if they don't knock, a huge government victory that was decided by President Bush's new justices. The 5-4 ruling signals the court's conservative shift following the departure of moderate Sandra Day O'Connor. The case tested previous court rulings that police armed with warrants generally must knock and announce themselves or they run afoul of the Constitution's Fourth Amendment ban on unreasonable searches. Justice Antonin Scalia, writing for the majority, said Detroit police acknowledge violating that rule when they called out their presence at a man's door then went inside three seconds to five seconds later. "Whether that preliminary misstep had occurred or not, the police would have executed the warrant they had obtained, and would have discovered the gun and drugs inside the house," Scalia wrote. But suppressing evidence is too high of a penalty, Scalia said, for errors by police in failing to properly announce themselves. The outcome might have been different if O'Connor were still on the bench. She seemed ready, when the case was first argued in January, to rule in favor of Booker Hudson, whose house was searched in 1998. O'Connor had worried aloud that officers around the country might start bursting into homes to execute search warrants. She asked: "Is there no policy of protecting the home owner a little bit and the sanctity of the home from this immediate entry?" She retired before the case was decided, and a new argument was held so that Justice Samuel Alito could participate in deliberations. Alito and Bush's other Supreme Court pick, Chief Justice John Roberts, both supported Scalia's opinion. Hudson's lawyers argued that evidence against him was connected to the improper search and could not be used against him. Scalia said that a victory for Hudson would have given "a get-out-of-jail-free card" to him and others. In a dissent, four justices complained that the decision erases more than 90 years of Supreme Court precedent. "It weakens, perhaps destroys, much of the practical value of the Constitution's knock-and-announce protection," Justice Stephen Breyer wrote for himself and the three other liberal members. Breyer said that police will feel free to enter homes without knocking and waiting a short time if they know that there is no punishment for it. Justice Anthony M. Kennedy, a moderate, joined the conservatives in most of the ruling. He wrote his own opinion, however, to say "it bears repeating that it is a serious matter if law enforcement officers violate the sanctity of the home by ignoring the requisites of lawful entry." The case is Hudson v. Michigan, 04-1360. URL: http://sfgate.com/cgi-bin/article.cgi?file=/n/a/2006/06/15/national/w074310D26.DTL
Post Comment Private Reply Ignore Thread
Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: ALL, Jethro Tull, IndieTx (#0)
the police state is alive and well in Amerika.
It could start dieing one cop at a time ... and watch the cops start whining after a couple get their just desserts breaking and entering some nutcases castle !
------------------------------------------------------------ Kennedy Assassination ... Bush (I) did it ! 9-11 ... Bush (II) did it ! "Sarah if the American people ever find out what we have done to them, they will chase us down the streets and lynch us". [George H. W. Bush to Sarah McClendon] Bush is Hitler reincarnated. Anyone kicks in my door by surprise will be BLOWN AWAY because I will be in fear of my life and that of my children.
"I tell you, freedom and human rights in America are doomed. The U.S. government will lead the American people in -- and the West in general -- into an unbearable hell and a choking life." Ah
yes, the magic words. Don't forget to aim high!
Looked at that post closer this morning and that wasn't a spell checker turning a clumsily typed 'your' into 'our' as I had thought. So, I'm glad you enjoyed the hahaha, because I did actually typo there. However, when you forget 'die' is spelled dying when you add the 'ing', it is my turn to snicker. Guess you are human and make typos too occasionally. How about that. HAHAHAHAHAHAHAHA! ;-)
What goes around comes around ... it was karma !
------------------------------------------------------------ Kennedy Assassination ... Bush (I) did it ! 9-11 ... Bush (II) did it ! "Sarah if the American people ever find out what we have done to them, they will chase us down the streets and lynch us". [George H. W. Bush to Sarah McClendon] Indeed.
#2. To: christine, Jethro Tull, Indie Tx (#1)
the police state is alive and well in Amerika.
#3. To: Brian S, jethro tull (#0)
The Supreme Court ruled Thursday that police armed with a warrant can barge into homes and seize evidence even if they don't knock, a huge government victory that was decided by President Bush's new justices.
--Osama bin Laden
#4. To: IndieTX (#3)
Anyone kicks in my door by surprise will be BLOWN AWAY because *I
will be in fear of my life* and that of my children.
#5. To: noone222 (#2)
"It could start dieing one cop at a time..."
#6. To: Ferret Mike (#5)
#7. To: noone222 (#6)
"What goes around comes around ... it was karma !"
Top • Page Up • Full Thread • Page Down • Bottom/Latest