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Reply #30: SCOTUS ruling from June, I think it was. [View All]

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Igel Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-21-06 11:32 AM
Response to Reply #1
30. SCOTUS ruling from June, I think it was.
The 'knock and announce rule', with 'reasonable' time between knocking/announcing and entering wasn't reduced as a rule. The rule stands, rooted in common law. The former penalty was removed (the 'former penalty' was officially certified by SCOTUS only in the '90s, apparently, having worked its way up the court hierarchy and gaining more and more official status as time went on): it used to be that evidence obtained with a warrant but insufficient knock/announce/wait was tossed out. This was deemed an excessive penalty.

So the evidence is usable if the police merely announced--with something like a 3 second wait.

The penalties were passed to the enforcement of police dept. and city policies, and civil suits.

One can argue that de facto the rule's tossed, but retained de jure. Depends on what dept. and city policies are and how they're enforced.
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