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  1. #1
    Piggybank Cop's Avatar
    Piggybank Cop is offline Nobody important.
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    Supreme Court: Police Can Collect Evidence Before Knocking

    By GINA HOLLAND
    Associated Press
    The Supreme Court ruled Thursday that police can use evidence collected with a warrant even if officers fail to knock before rushing into a home.
    Justice Samuel Alito broke a 4-4 tie in siding with Detroit police, who called out their presence at a man's door then went inside three seconds to five seconds later.
    The case had tested previous court rulings that police armed with warrants generally must knock and announce themselves or they run afoul of the Constitution's Fourth Amendment ban on unreasonable searches.
    Justice Antonin Scalia, writing for the majority, said "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."
    The court did not say how long police officers must wait after knocking before they enter a home to execute a search warrant.
    But suppressing evidence is too high of a penalty, Scalia said, for errors in police searches.
    The outcome might have been different if Justice Sandra Day O'Connor was still on the bench. She seemed ready, when the case was first argued in January, to rule in favor Booker Hudson, whose house was searched in 1998.
    She retired before the case was decided, and a new argument was held so Alito could participate in deliberations.
    Hudson's lawyers argued that evidence against him was connected to the improper search and could not be used against him.
    Scalia said that a victory for Hudson would have given "a get-out-of-jail-free card" to him and others.
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  2. #2
    conalabu is offline Grasshopper
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    Guess that tosses that whole "they have to be able to respond to the door" time limit, huh?
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    for thee, My Lord, for thee,
    Power hath descended forth from Thy hand,
    That our feet may swiftly carry out Thy Command.
    So we shall flow a river forth to Thee
    And teeming with souls will it ever be.
    In Nomine Patris, Et Filli, Et Spiritus Sancti.

  3. #3
    FishTail Guest
    You have to announce your presence?

    We should but we don't have to if we think it'll lead to harm or frustrate the purpose of the search.

  4. #4
    Sapper_132's Avatar
    Sapper_132 is offline Master Turd Cutter
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    Yep, we have to knock and announce. Here in Oklahoma we generally have to wait 30 seconds then hit the door.
    Just because your sign off after you're shift is done, doesn't mean that it's over and put blinders on. You're a cop 24/7 wether you like it or not. If thats something you can't handle, you should find a new line of work!

  5. #5
    TheeBadOne's Avatar
    TheeBadOne is offline Why so serious?
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    This doesn't mean Jack-shit for me, since my Liberal State Supreme court has no problem being more restritive on everything....
    "When I'm driving along and I see a sign that says, CAUTION: SMALL CHILDREN AHEAD,
    I slow down, and then it occurs to me, I'm not afraid of small children"!

  6. #6
    conalabu is offline Grasshopper
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    I am thinking NC has CYA, too, bad one.
    And Shepards we shall be,
    for thee, My Lord, for thee,
    Power hath descended forth from Thy hand,
    That our feet may swiftly carry out Thy Command.
    So we shall flow a river forth to Thee
    And teeming with souls will it ever be.
    In Nomine Patris, Et Filli, Et Spiritus Sancti.

  7. #7
    TheeBadOne's Avatar
    TheeBadOne is offline Why so serious?
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    Yeah, here's a hint about "my" state.....

    A K-9 free-air sniff of an exterior (vehicle/storage shed/etc in public) is not allowable without reasonable suspcion of drug activity prior to the sniff...
    "When I'm driving along and I see a sign that says, CAUTION: SMALL CHILDREN AHEAD,
    I slow down, and then it occurs to me, I'm not afraid of small children"!

  8. #8
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Quote Originally Posted by TheeBadOne
    Yeah, here's a hint about "my" state.....

    A K-9 free-air sniff of an exterior (vehicle/storage shed/etc in public) is not allowable without reasonable suspcion of drug activity prior to the sniff...
    That's the stupidest thing I've ever heard.

    Well, I'm glad the "No Time to Flush" rule got upheld. Maybe the cops around here will have a few more trials and a few less funerals to go to.

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  9. #9
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    Sweet if you live in a state that won't squash this a mile a way
    Peace through superior firepower.

 

 

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