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Court Rules Police Searches Need Only Brief Warning
Wired News ^
| Tuesday, December 02, 2003
| James Vicini
Posted on 12/02/2003 3:40:28 PM PST by demlosers
Edited on 06/29/2004 7:10:09 PM PDT by Jim Robinson.
[history]
WASHINGTON (Reuters) - Police officers executing a search warrant do not violate constitutional rights by waiting only 15 to 20 seconds after knocking and announcing their presence before using force to enter a suspect's residence, the U.S. Supreme Court ruled on Tuesday.
(Excerpt) Read more at wireservice.wired.com ...
TOPICS: Crime/Corruption; Extended News; Government
KEYWORDS: 4amendment; 4thamendment; scotus; searchandseizures
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1
posted on
12/02/2003 3:40:28 PM PST
by
demlosers
To: demlosers
The justices overturned a decision by a U.S appeals court in San Francisco that the search was unconstitutional because the officers did not wait a reasonable amount of time. Is anybody keeping score on how many times SF appeals court gets overturned?
2
posted on
12/02/2003 3:45:30 PM PST
by
demlosers
To: demlosers
Why not simply put cameras in everyones house?
If you are not breaking the law, you should have nothing to fear from our wonderfull men in blue!
3
posted on
12/02/2003 3:46:46 PM PST
by
Mark was here
(My fan club: You're a plague on this forum and I hope you find reason to leave.)
To: Mrs Mark
How many criminal corporate execs under suspicion got their doors busted down after 15 seconds for fear they would destroy docs?
ZERO.
But then again, stealing miilions is no big deal, while possession is serious. Notice how they say it will give the suspect time to kill them., like its the typical scenario. Ity's not. Probably happens 1 out of 10,000 times.
To: demlosers
5
posted on
12/02/2003 3:56:18 PM PST
by
demlosers
To: demlosers
More kicking the corpse of the 4th Amendment.
That's right folks... you have 15-20 seconds to answer your door if the cops come knocking, and after that, it's Rambo time.
6
posted on
12/02/2003 4:11:43 PM PST
by
thoughtomator
(Real Americans have no reason to hyphenate!)
To: demlosers
>Police officers executing a search warrant do not violate constitutional rights by waiting only 15 to 20 seconds after knocking and announcing their presence before using force to enter a suspect's residence
We just had the police
banging on our door, their hands
on their guns, looking
to serve some papers...
We asked what they wanted, and
they read the address
off the paper work...
It was the next house over!
They apologized,
and went down the block.
We all just thought, Damn, that close
to our own little
version of Terry
Gilliam's "Brazil!" That close
to being featured
libertarian
material in a cops
gone wild fiasco...
To: thoughtomator
Police officers executing a search warrant...
8
posted on
12/02/2003 4:41:46 PM PST
by
presidio9
(Islam is as Islam does)
To: presidio9
So in what case other than enforcement of the unconstitutional War on Drugs the Government Can't Make a Buck Off is 15-20 seconds reasonable, even with a search warrant?
9
posted on
12/02/2003 4:44:29 PM PST
by
thoughtomator
(Real Americans have no reason to hyphenate!)
To: thoughtomator
Attack the judges who issue search warrants. Problem solved.
10
posted on
12/02/2003 4:45:24 PM PST
by
presidio9
(Islam is as Islam does)
To: thoughtomator
Souter said the amount of time the officers must wait might vary depending on the circumstances of the case. "Police seeking a stolen piano may be able to spend more time to make sure they really need the battering ram," he said. But in a search for illegal drugs, 15 or 20 seconds would be enough time for a suspect to get to the bathroom or kitchen and start flushing the evidence down the drain, he said.
Why do I have this feeling that every search warrant from now on will have drugs listed along with whatever else the police will really be looking for. Kinda like how the military hardware and support used in the attack at Waco was legal because of the mythical "meth lab" inside.
To: thoughtomator
That's right folks... you have 15-20 seconds to answer your door if the cops come knocking, and after that, it's Rambo time. Hey, this is America. We do things right. We have a constitution for gods sake. We have the rule of law for gods sake. How long do you think the Gestapo waited before they broke down doors? Hmmm. /sarcasm
Have a nice day.
12
posted on
12/02/2003 4:51:27 PM PST
by
mc5cents
To: presidio9
In other words, this is yet another special rule we all have to live with thanks to the War on Drugs the Government Can't Make a Buck Off Of (I'm starting to like that phrase... a little unwieldy, but it's got the charm of cutting right to the chase).
13
posted on
12/02/2003 4:57:50 PM PST
by
thoughtomator
(Support the War on Drugs the Government Can't Make a Buck Off Of!)
To: thoughtomator
I'm starting to like that phrase... a little unwieldy, but it's got the charm of cutting right to the chase Don't quit your day job.
14
posted on
12/02/2003 4:58:35 PM PST
by
presidio9
(Islam is as Islam does)
To: demlosers
We did two raids about a week and a half ago. Both of them were knock and announce and we had to wait 20 seconds. At the second house the guy was upsatirs flushing heroine down the toilet.
Glad he didn't decide to start shooting with the gun he had in there.
The first house we got 70 bundles.
To: Cap'n Crunch
"flushing heroine down the toilet"
Ahoy, Tidy Bowl Man!
Throw a life vest to that beautiful heroine!
To: demlosers
They waited 15 or 20 seconds? In a lot of communities thats a long time. Im used to Open Up Police CRASH.
17
posted on
12/02/2003 5:23:32 PM PST
by
R. Scott
To: John Beresford Tipton
It's beautiful alright. I really like the beauty of bloated overdosed corpses with needles in their arms.
And the beauty of girls selling themselves for their next fix.
To: Cap'n Crunch
Take a chill pill,
sit down,
crack open a dictionary,
look up the word you used:
*"heroine"*
To: John Beresford Tipton
Don't be too hard on Cap'n Crunch it got me too. I went back for a second look ;-)
LOL!
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