Supreme Court backs police no-knock searches

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bob_arctor

Tough_Smooth
Yahoo News said:
WASHINGTON - 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.

Dissenting justices predicted that police will now feel free to ignore previous court rulings that officers with search warrants must knock and announce themselves or 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, failed to knock, then went inside three seconds to five seconds later. The court has endorsed longer waits, of 15 seconds to 20 seconds.

"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.

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, supported Scalia's opinion.

Hudson's lawyers argued that evidence against him was connected to the improper search and could not be used at his trial. He was convicted of drug possession.

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 can now 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."

Kennedy said that legislatures can intervene if police officers do not "act competently and lawfully." He also said that people whose homes are wrongly searched can file a civil rights lawsuit.

And Scalia wrote that there are public-interest law firms and attorneys who specialize in civil rights grievances.

In response, Breyer said there is no evidence of anyone collecting much money in such cases.

The case is Hudson v. Michigan, 04-1360.

Using my vast and unchecked powers, I've still yet to come up with a suitable knock-knock joke in response to this.
 
Willco said:
Seems okay to me. If they have a warrant, they should be able to come it. They're not vampires.

I agree with you in theory. But then I think about all the asshole cops out there working poor neighborhoods and it just looks like a free pass for abuse. At the very least, I can see a huge uptick in civil suits.
 
"It weakens, perhaps destroys, much of the practical value of the Constitution's knock-and-announce protection,"

Huh? Now I may have only glanced briefly at a severely compressed jpeg image of one part of the Constitution--maybe not even ours--but even so, I don't remember seeing that clause in there.
 
bob_arctor said:
I agree with you in theory. But then I think about all the asshole cops out there working poor neighborhoods and it just looks like a free pass for abuse. At the very least, I can see a huge uptick in civil suits.

How's it a free pass? They still have to get a warrant and at that point, they have probable cause.
 
Willco said:
How's it a free pass? They still have to get a warrant and at that point, they have probable cause.
Didn't you know Willco? They're going to pay off judges to beat up poor black and hispanic folks for shits and giggles.
 
bob_arctor said:
I agree with you in theory. But then I think about all the asshole cops out there working poor neighborhoods and it just looks like a free pass for abuse. At the very least, I can see a huge uptick in civil suits.

They still have to get a warrant.

I don't see why anyone would have a problem with this. Sometimes knocking can be bad, sometimes it can be deadly.

If you have a warrant to search a house for a murder suspect, you don't want to knock--either giving them a warning to escape, or load their shotgun.

This is a surprisingly sensible decision from the USSC.
 
AlanHemberger said:
Didn't you know Willco? They're going to pay off judges to beat up poor black and hispanic folks for shits and giggles.

Look, I'm not screaming Henny Penny here, I'm just saying that the potential for such things already exists, so why make it even easier?
 
So they announce themselves and wait 3-4 seconds instead of 15-20 seconds. Less time for the person inside to grab a gun or run out seems ok to me.

It's not warrantless.
 
Yeah it doesn't bother me.

If they have a warrant and they're at your house, surprise surprise-- they're coming in.
 
I agree with the logic - "suppressing of evidence is too high a penalty", but there should be some form of punishment on the officers for barging in unannounced.
 
browds11 said:
They still have to get a warrant.

I don't see why anyone would have a problem with this. Sometimes knocking can be bad, sometimes it can be deadly.

If you have a warrant to search a house for a murder suspect, you don't want to knock--either giving them a warning to escape, or load their shotgun.

This is a surprisingly sensible decision from the USSC.
Its going to get alot more people killed. You are gonna have police bust into homes and maybe see what looks like a weapon and start shooting.
Just like in Colors.
"He was reaching for his wallet"
>_>
 
The only time I don't have a problem with skipping the knocking procedure is if the police can assume a reasonable risk of danger to themselves if they announce their arrival. Otherwise, c'mon, are we cavemen?
 
Nerevar said:
I agree with the logic - "suppressing of evidence is too high a penalty", but there should be some form of punishment on the officers for barging in unannounced.

They should be punished for doing their job?
 
bob_arctor said:
Using my vast and unchecked powers, I've still yet to come up with a suitable knock-knock joke in response to this.

Knock-Knock jokes are old school. Soon kids will be telling each other Kick-Down-The-Door jokes at school. Now, if you'll excuse me, I'm going to go fire up the opening to Brazil...

FnordChan
 
Nerevar said:
I agree with the logic - "suppressing of evidence is too high a penalty", but there should be some form of punishment on the officers for barging in unannounced.

This is where I'm at on this issue. I can see advantages but the whole "privacy of home", or lack thereof, concerns me. It puts the onus on fighting abuses squarely on the citizen.
 
They have a warrant. That means that not only do the police have probable cause, but they convinced a judge as well. What the hell.
 
Next step -- the Homeland Security "Automatic" Warrant based on suspicion of terrorist activities.
After that -- "Automatic" Warrant extends to all anti-American activities and sentiment
After that -- jackbooted thugs barging into our homes arresting us for any arbitrary reason the government feels is necessary for the security of the Nation.
 
Nerevar said:
I agree with the logic - "suppressing of evidence is too high a penalty", but there should be some form of punishment on the officers for barging in unannounced.

O RLY

they called out their presence at a man's door, failed to knock, then went inside three seconds to five seconds later.
 
If that was a rule, but you didn't have to knock, I'd be a dick and whisper, "this is the police we have a warrant for your arrest." Then I'd break in and kick some ass. Hail to the king, baby!
 
Willco said:
They have a warrant. That means that not only do the police have probable cause, but they convinced a judge as well. What the hell.

I am not arguing against those things. I am arguing about the level of ****-ups this can lead to. Wrong address? Oops, sorry about barging in. A little Crazy Glue should work on the door frame. Wrong address? Oops, sorry about--HOLY SHIT HE'S GOT A GUN!
 
I am not arguing against those things. I am arguing about the level of ****-ups this can lead to. Wrong address? Oops, sorry about barging in. A little Crazy Glue should work on the door frame. Wrong address? Oops, sorry about--HOLY SHIT HE'S GOT A GUN!
I figure this would probably happen anyways. Here's how it would go down in your world:

*knock knock*
"This is the Police! Were here for Chris Johnson!"
"Chris Johnson doesn't live here!"
"LIAR! HE'S RUNNING! KICK THAT SHIT IN!"
*THUD*
"AHHhhhhhhh"
"GET DOWN BITCHES! WHERE'S CHRIS?!"

...or something like that.
 
bob_arctor said:
I am not arguing against those things. I am arguing about the level of ****-ups this can lead to. Wrong address? Oops, sorry about barging in. A little Crazy Glue should work on the door frame. Wrong address? Oops, sorry about--HOLY SHIT HE'S GOT A GUN!

Yes, because I'm sure being forced to knock on doors spared the lives of so many innocents that harassed due to the police getting the wrong address.

And, yes, I'm sure the police have made mistakes on addresses before. They're human. But that's like saying that you shouldn't fly an airplane because it could crash.
 
As long as they need a warant, and warants mean something, I see nothing wrong with this.
 
bob_arctor said:
I am not arguing against those things. I am arguing about the level of ****-ups this can lead to. Wrong address? Oops, sorry about barging in. A little Crazy Glue should work on the door frame. Wrong address? Oops, sorry about--HOLY SHIT HE'S GOT A GUN!
But all this stuff happens now. What do you expect?

Knock Knock
"It's the police we have a warrant against dave!"
"Dave's not here man."
"Oh ok. We'll come back later. Does 3pm work?"
 
Here we go again, bob_arctor taking on the world (or gaf).

But all this stuff happens now. What do you expect?

Knock Knock
"It's the police we have a warrant against dave!"
"Dave's not here man."
"Oh ok. We'll come back later. Does 3pm work?"
You didn't like mine? :(
 
bob_arctor said:
I am not arguing against those things. I am arguing about the level of ****-ups this can lead to. Wrong address? Oops, sorry about barging in. A little Crazy Glue should work on the door frame. Wrong address? Oops, sorry about--HOLY SHIT HE'S GOT A GUN!

Yea and if they knock and wait 15 seconds this can't happen.
 
AlanHemberger said:
Here we go again, bob_arctor taking on the world (or gaf).


You didn't like mine? :(
It didn't have the "Dave's not here man" quotient. Really I just wanted to say that some point today, it seemed like an opportune time. Sorry vato.
 
ronito said:
It didn't have the "Dave's not here man" quotient. Really I just wanted to say that some point today, it seemed like an opportune time. Sorry vato.
:lol It's okay, yours made me think of Training Day.
 
I presume that if I decided to wire/set my door/s with loaded shotgun/s(or some armor piercing high caliber stuff) behind this/ese door/s, I'm not guilty of anything if they do so, right?
 
God bless America!

http://www.cnn.com/2006/POLITICS/06/15/broadcasting.fines.reut/index.html

WASHINGTON (Reuters) -- President Bush Thursday signed into law legislation that raises fines tenfold on radio and television broadcasters that violate U.S. decency standards by airing extensive profanity or sexual content.

story.bush.afp.gi.jpg


Wow, I use to wonder how people were would let their countries slip to facist states, now I'm witnessing it first hand :(
 
Doc Holliday said:
God bless America!

http://www.cnn.com/2006/POLITICS/06/15/broadcasting.fines.reut/index.html

WASHINGTON (Reuters) -- President Bush Thursday signed into law legislation that raises fines tenfold on radio and television broadcasters that violate U.S. decency standards by airing extensive profanity or sexual content.

story.bush.afp.gi.jpg


Wow, I use to wonder how people were would let their countries slip to facist states, now I'm witnessing it first hand :(

Of all the items to try and pin towards a slide towards fascism, you pick indecency fines.....come on man, at least make your conspiracy theories with better evidence, there's gotta be tons of better bills to pick.
 
Doc Holliday said:
God bless America!

http://www.cnn.com/2006/POLITICS/06/15/broadcasting.fines.reut/index.html

WASHINGTON (Reuters) -- President Bush Thursday signed into law legislation that raises fines tenfold on radio and television broadcasters that violate U.S. decency standards by airing extensive profanity or sexual content.

story.bush.afp.gi.jpg


Wow, I use to wonder how people were would let their countries slip to facist states, now I'm witnessing it first hand :(

Thank GOD they are limiting sex and bad words and keeping all the violence intact. I was worried about our society for a moment there.
 
Doc Holliday said:
God bless America!

http://www.cnn.com/2006/POLITICS/06/15/broadcasting.fines.reut/index.html

WASHINGTON (Reuters) -- President Bush Thursday signed into law legislation that raises fines tenfold on radio and television broadcasters that violate U.S. decency standards by airing extensive profanity or sexual content.

story.bush.afp.gi.jpg


Wow, I use to wonder how people were would let their countries slip to facist states, now I'm witnessing it first hand :(
Woohoo!! We have a war going on and what do we get? Flag burning admendment, anti gay right admendment and now this! Huzzah!!! Well at least they left the violence. That's the american way, decapitatinon shows about murder or molestation=OK, nipslip=OH MY GAWSH HOW DARE YOU?!!
 
Lawyer-speak ahead for those of you who want to read it:

This does not affect the legitimacy of the 'knock and announce' rule per se. The government (in this case the state of Michigan) conceded that the knock and announce rule was violated. The issue here was whether the exclusionary rule should apply to keep out any evidence obtained in cases where the rule is violated.

The majority ruled that the exclusionary rule should not work in these cases to exclude evidence because to do so would encourage a massive flood of similar allegations. In other words, every criminal defendant who had evidence taken from his house would claim that the knock and announce rule was not followed and so the evidence should be excluded. The majority think that civil rights suits will be sufficient to deter police misconduct in regards to knocking and announcing.
 
Doc Holliday said:
WASHINGTON (Reuters) -- President Bush Thursday signed into law legislation that raises fines tenfold on radio and television broadcasters that violate U.S. decency standards by airing extensive profanity or sexual content.

Oh, how this pisses me off. This bill was signed with the thought that the only broadcasters in America are major TV and radio networks. If a small community or college radio station gets hit with a fine like that, they're doomed. And, while these stations try very hard to stay within FCC guidelines, mistakes do happen. This is particularly rough considering the FCC currently makes it's decisions about violations internally and the first an offending station may know about the issue is when the FCC shows up and gives them a fine. Thanks to vague guidelines for indecency and obscenity, broadcasters may well be playing material that seems perfectly legitimate, only to have the FCC lay down an astonishingly large fine out of nowhere.

Thank you very much, you contemptable scumbags. Argh.

FnordChan
 
I eagerly await this ruling being mentioned in an episode of one of the Law & Orders next season.
 
Really though the knock rule to me is a safety issue. If you have an unknown party kicking in your door I sure as hell would grab a weapon and be ready to use it. At the same time you have no assurances it is the police so I could see this leading to a lot of *misunderstandings*
 
AlanHemberger said:
*knock knock*
"This is the Police! Were here for Chris Johnson!"
"Chris Johnson doesn't live here!"
"LIAR! HE'S RUNNING! KICK THAT SHIT IN!"
*THUD*
"AHHhhhhhhh"
"GET DOWN BITCHES! WHERE'S CHRIS?!"

...or something like that.

I like this one:

*knock knock*

"Who's there?"

"The Constitution!"

"Constitution who?"

"Exactly."

Just kidding on that, I'm not that "IS THIS HOW DEMOCRACY DIES??". Really. I am also not in vehement disagreement with this ruling, more "Hmm. Seems kinda iffy." Everything seems iffy to me in the midst of this Administration. How long has the "knock and announce" been in effect?

ronito said:
But all this stuff happens now. What do you expect?

I'd expect for them not to make it even easier for this stuff to happen. And for the love of Pete, I do not want to take on the world or GAF. I'm not trying to piss off or annoy anybody here just for the hell of it.
 
Tamanon said:
Just so you know, you don't HAVE to disagree with every decision that comes down the pipes these days.
It's not that I disagree with this wholly- I just think that it sets a dangerous precedent.
 
FnordChan said:
Oh, how this pisses me off. This bill was signed with the thought that the only broadcasters in America are major TV and radio networks. If a small community or college radio station gets hit with a fine like that, they're doomed.

Good. College radio should stick to what it does best: playing public domain jazz songs from the 40's.
 
browds11 said:
College radio should stick to what it does best: playing public domain jazz songs from the 40's.

...interspersed with independant rap music and Tuvan throat singing, yes.

FnordChan
 
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