Friday, June 16, 2006

The Postman always rings twice ... or ... Who dat knocking on my door?

posted by The Vidiot @ 7:34 PM Permalink

Well it can't be the police, they knocked:
Police don't have to knock, justices say

WASHINGTON (CNN) -- A split Supreme Court ruled Thursday that drug evidence seized in a home search can be used against a suspect even though police failed to knock on the door and wait a "reasonable" amount of time before entering.

The 5-4 decision continues a string of rulings since the September 11, 2001 terrorist attacks that in general give law enforcement greater discretion to carry out search-and-seizure warrants.

President Bush's nominees to the high court, Chief Justice John Roberts and Justice Samuel Alito, notably sided with the government.
Actually it isn't notable that they would limit our rights, that's why Bush appointed them.

Writing for the majority, Justice Antonin Scalia said disallowing evidence from every "knock-and-announce violation" by officers would lead to the "grave adverse consequence" of a flood of appeals by accused criminals seeking dismissal of their cases.
So scalia's whole point is that that the justice system would actually have to, you know, administer justice. Gee, that would take so much more time and resources than just sending them to Gitmo.

The justices have ruled in the past that police should announce their presence, then normally wait 15 to 20 seconds before bursting into a home.

Justice Stephen Breyer wrote a lengthy dissent, saying, "Our Fourth Amendment traditions place a high value upon protecting privacy in the home." A centerpiece of those protections, he said, includes the "exclusionary rule," under which evidence seized in illegal searches should be suppressed at trial.
So the supremes ruled that cops can violate the constitution and get away with it.

I feel so much safer now.


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