Author Topic: Supreme Court gives police a new entryway into homes  (Read 4239 times)

MechAg94

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Supreme Court gives police a new entryway into homes
« on: May 18, 2011, 01:05:35 PM »
http://www.scotusblog.com/2011/05/the-fourth-amendment-and-pragmatic-rulemaking/

http://www.chicagotribune.com/news/sc-dc-0517-court-search-20110516,0,5858981.story
I came across this article.  I'm not certain I agree with this.  From one perspective, it makes some sense, but I really can't think of any sounds that a police officer would think is "destruction of evidence" that couldn't also be something entirely different.  One comment I saw elsewhere is what happens if someone is in the bathroom when the police show up and they flush the toilet before heading to the door?  

Then again, I really disagree with forced entry or no knocks solely to prevent destruction of evidence.  It seems to me that puts the lives of police and homeowners in unjustified danger.  

What is also strange to me is that the reason for entering in the case described in the 2nd link is due to the smell of marijuana.  I am not sure how that somehow became justified by "he was destroying evidence"? 

Quote
The justices in an 8-1 decision said officers who loudly knock on a door and then hear sounds suggesting evidence is being destroyed may break down the door and enter without a search warrant.
Quote
In a lone dissent, Justice Ruth Bader Ginsburg said she feared the ruling in a Kentucky case will give police an easy way to ignore the 4th Amendment. "Police officers may not knock, listen and then break the door down," she said, without violating the 4th Amendment.
..................
Ginsburg, however, said the court's approach "arms the police with a way routinely to dishonor the 4th Amendment's warrant requirement in drug cases." She said the police did not face a "genuine emergency" and should not have been allowed to enter the apartment without a warrant.
I feel strange that I am finding myself agreeing with Ginsburg.  
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Tallpine

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Re: Supreme Court gives police a new entryway into homes
« Reply #1 on: May 18, 2011, 01:42:33 PM »
Ok, so now it's official: we are a police state  =(
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PTK

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Re: Supreme Court gives police a new entryway into homes
« Reply #2 on: May 18, 2011, 02:25:20 PM »
Ok, so now it's official: we are a police state  =(

....yep. That's that. Wow. I mean.... wow. :(
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longeyes

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Re: Supreme Court gives police a new entryway into homes
« Reply #3 on: May 18, 2011, 02:28:54 PM »
Ok, so now it's official: we are a police state  =(

Yes, but they have to knock first. :police:
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Tallpine

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Re: Supreme Court gives police a new entryway into homes
« Reply #4 on: May 18, 2011, 02:58:03 PM »
Knock-knock

Who's there?

BANG!


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AZRedhawk44

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Re: Supreme Court gives police a new entryway into homes
« Reply #5 on: May 18, 2011, 03:31:05 PM »
Here's a good reason to upgrade the front door and door-frame so that beat cops don't have the tools to enter.  Put on a security door outside the front door.  Make the door-frame so beefy that it REQUIRES a swat team with a battering ram.  Steel insert lag-bolted to the neighboring studs for the deadbolt to engage against.

It's not invincible... but it sure takes a heck of a lot longer and a heck of a lot more attention than most beat cops are going to dedicate to the problem, and maybe decide a warrant and backup is a better decision.  Maybe it ain't quite so "exigent" if you're so focused on your work that you might draw the ire and focus of the inhabitants, while stuck in place as you work on breaking down the door.
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HankB

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Re: Supreme Court gives police a new entryway into homes
« Reply #6 on: May 18, 2011, 03:55:14 PM »
Here's a good reason to upgrade the front door and door-frame so that beat cops don't have the tools to enter . . .
When I was a kid they aired TV footage of a police raid on a suspected drug house. It’s been a lot of years, but IIRC, the whole thing went something like this:

The cops announced, and almost immediately started pounding on the door with sledgehammers. (This was before they had either SWAT teams or battering rams.)

No response. Door didn't move. In due course, a small window in the door opened - just like an old speakeasy - and a face looked out "What'cha all doin' poundin' on mah door like dat?"

"Police! Warrant! Open up!

"If'n youse gots a warrant, youse gots ta show me dat. Show me da warrant!" Went back and forth this way a few times.

Much shuffling around - who has the warrant? Nobody knows.

"Open up! You have to open up!"

“Ah already says, not ‘til you shows me da warrant!”

FINALLY the warrant is located, and a cop waves it at the door. “Here’s the warrant! Open up!”

“Hold it up so’s I can read it!”

Cop does so, and the door opens. Bunch of chroirboys sitting on a sofa inside. Door has been reinforced with what looked like 2x12’s on the inside, and a bar like on an old castle across it.

“Why is your door so strong?”

“Dis be a high crime area, and you cops is never around when youse is needed.”

No drugs found . . .
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Boomhauer

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Re: Supreme Court gives police a new entryway into homes
« Reply #7 on: May 18, 2011, 05:13:43 PM »
Unsurprising that they should finally get rid of the warrant requirement althogether (considering they've paid only lip service to it anyway in the past).

And thus liberty's grave is dug a little deeper...
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MechAg94

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Re: Supreme Court gives police a new entryway into homes
« Reply #8 on: May 18, 2011, 05:59:15 PM »
Unsurprising that they should finally get rid of the warrant requirement althogether (considering they've paid only lip service to it anyway in the past).

And thus liberty's grave is dug a little deeper...
What is troubling is that so much of the warrant and entry process is predicated on cops making good honest and decisions.  There seems to seems to be a track record of allowing more and more short cuts and exceptions to the check and balance process with the excuse that you can argue it later in court after they tear down your door. 
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Tallpine

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Re: Supreme Court gives police a new entryway into homes
« Reply #10 on: May 18, 2011, 06:39:09 PM »
The "BANG" was the sound of the door being broken down.

Sorry that my sound effects are so poorly done.


CRASH! Splinter!   ???
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin