The Don't-Bother-to-Knock Rule

[kurth]

June 16, 2006
Editorial
The Don't-Bother-to-Knock Rule

The Supreme Court yesterday substantially diminished Americans' right to privacy in their own homes. The rule that police officers must "knock and announce" themselves before entering a private home is a venerable one, and a well-established part of Fourth Amendment law. But President Bush's two recent Supreme Court appointments have now provided the votes for a 5-4 decision eviscerating this rule.

This decision should offend anyone, liberal or conservative, who worries about the privacy rights of ordinary Americans.

The case arose out of the search of Booker T. Hudson's home in Detroit in 1998. The police announced themselves but did not knock, and after waiting a few seconds, entered his home and seized drugs and a gun. There is no dispute that the search violated the knock-and-announce rule.

The question in the case was what to do about it. Mr. Hudson wanted the evidence excluded at his trial. That is precisely what should have happened. Since 1914, the Supreme Court has held that, except in rare circumstances, evidence seized in violation of the Constitution cannot be used. The exclusionary rule has sometimes been criticized for allowing criminals to go free just because of police error. But as the court itself recognized in that 1914 case, if this type of evidence were admissible, the Fourth Amendment "might as well be stricken."...

http://www.nytimes.com/2006/06/16/opinion/16fri1.html

[Mika]

1. Wait until some state 'Castle Domain' rights erupt.

When some homeowners get their doors busted down, by ninja suited black masked persons, thinking that they're being home invaded and decides to defend his/her domicile with a shotgun - watch out.

I don't doubt that there will be some families that end up getting shot up by the invaders.. er.. police and some babies with bullets to the head will result (sorta like Iraq).

Mission accomplished.


:mad:

[sendero]

2. This sort of thing;....

.... has already happened. Now it will be happening a lot more often.

[MikeNearMcChord]

3. It has happend, in the state of Mississppi

and the home owner is on death row, of course the fact he is black, won't bother the freepers, but it will come to some white guy and all of the sudden, a revelation, THE POLICE ARE OUT OF CONTROL!
Here is the case.
http://www.mayeisinnocent.com/

[davepc]

4. Don't the nice men just look like they're there to protect and serve...