Posted on 05/22/2006 7:58:10 AM PDT by NinoFan
WASHINGTON - The Supreme Court reaffirmed Monday that police can enter homes in emergencies without knocking or announcing their presence.
Justices said four Brigham City, Utah, police officers were justified in going inside a home in 2000 after peeking through a window and seeing a fight between a teenager and adults.
Chief Justice John Roberts, writing for the unanimous court, said that officers had a reasonable basis for going inside to stop violence.
"The role of a peace officer includes preventing violence and restoring order, not simply rendering first aid to casualties; an officer is not like a boxing (or hockey) referee, poised to stop a bout only if it becomes too one-sided," Roberts wrote.
The decision overturned a ruling by Utah's Supreme Court that said a trial judge was correct to throw out charges stemming from the police search. The trial judge had ruled that police had violated the Fourth Amendment's prohibition against unreasonable searches by failing to knock before entering the house.
When the adults realized the officers were inside the house, they allegedly became abusive and were charged with disorderly conduct, intoxication and contributing to the delinquency of a minor — all misdemeanors.
In a separate opinion, Justice John Paul Stevens said that Utah courts could still find that the police entry was unreasonable under Utah's Constitution. He called it "an odd flyspeck of a case," and said he was unsure why courts had spent so much time on a matter involving minor offenses.
That characterisation would be correct.
How many police perform entry on a premesis out of uniform?
And while they may not announce their presence before smashing the door, they usually yell POLICE very quickly afterward.
We'll have to fight the abuses, but this was the only decision that could be made.
The police have to do many things to successfully conduct their duties.
We, on the other hand will always be confronted with abuses and heavy handedness by some of them.
The nature of policing can't change, it is pretty much fixed for all time, it will always require constant vigilance by an involved citizenry, and good internal leadership, within the departments.
"BULL$H!T! They come into my home unannounced and will be promptly greeted with a .308 warning shot. Any further attempts will be met with extreme resistance. You don't knock down the door of my home and expect me to be placid!"
Okay, we're all wearing spit-protectors.
Your ".308 warning shot" will be greeted by the instantaneous return of dozens of semi-auto rounds into your and your family members' bodies.
You will all be dead.
The reason will be: You caused it.
Your response is suicidally absurd, in this context.
The cops saw physical damage being done to people, and intervened.
Your response shows what an irresponsible gun owner you are. Get over yourself.
So if anyone breaks in my house and just yells "Police", I must not harm them?
The point is the police saw a fight between two adults and a teenage child, so they entered the house to break up the fight. What the police didn't know was that the parents were just drunk and acting stupid.
Mega Dittos To That!!!
I'll tell ya what, Mr. Robertson... when the sanctity of your home is violated by the police state breaking down your doors, you sit there quietly with your hands crossed while they rummage and destroy what's left of your home after said disaster. When they find something questionable in your dresser drawers, you answer the call.
Meanwhile, I may be dead, but I'm not going to let some power-hungry arm of the state or federal gov't come prancing through my belongings without my express permission.
You sir should get over YOURSELF! I've had to protect myself and my property from someone bent on homocide. When you can claim the same, we'll talk. Until then, you can suckle at the teat of the nanny state and let them tell you everything's going to be alright. You'll find more supporters of my mantra on this board than detractors, sir.
Excuse me, but the police here saw two adults beating a teenager. It would be absolutely absurd to force the police to knock when:
1. The people wouldn't hear it anyway because they're too busy beating someone up.
2. Any delay could result in the guy's death.
They did not OK general "home invasions".
This is what bothers me. What was the crime?
Wanna bet? If you're whalin' on your wife, and I, as a civilian concealed carry permit holder, am allowed, in the state of Texas, to break down your door and shoot you, since there is reasonable evidence that she is in fear for her life.
And no grand jury would indict me.
You are being ridiculous. Any responsible gun owner knows that you must recognize your target before pulling the trigger.
If the target is in a police uniform and yelling "POLICE" at you, I don't recommend firing unless you want to commit "suicide by cop".
What the police didn't know was that the parents were just drunk and acting stupid.
This is what bothers me. What was the crime?
LOL
"You sir should get over YOURSELF! I've had to protect myself and my property from someone bent on homocide. When you can claim the same, we'll talk. Until then, you can suckle at the teat of the nanny state and let them tell you everything's going to be alright. You'll find more supporters of my mantra on this board than detractors, sir."
Uh, we're talking about the cops, in an emergency situation. But you're trying to change it now to protecting yourself and your property from "someone bent on homicide."
You've gone off the rails, Dude. And since you're one of those ranters who yells as loud as he can about all that he would do in face of a threat...I'm betting you'd piss your camos in a real situation.
And let me add, in response to baltoga's post, my response is NOT a response to the police making a lawful inquiry as to ILLEGAL goings on in my home. If the cops are trolling through the neighborhood post-Katrina-style hurricane and they see me freebasing over a propane stove or crafting a bomb, I have no problem with LEOs breaking down the door.
In light of blanket gun confiscations in NOLA, no WAY would a LEO try to B&E my home without resistance. I'm not a radical, but I am a fervent proponent of personal property rights.
Your 'solution' to fire a warning shot at the POLICE would most probably result in your death.
No way to say that we agree to disagree, but there's no need for vitriol in light of a serious issue.
Would I "piss my camos" in a "real" situation? Well, given that I don't own camos, you're partially wrong, but I wouldn't sit here claiming that I'm Mr. Hardass. I cried for weeks after someone broke into my college apt. I cried for hours after my car was stolen. I'm not battle-tested. I'm not all about shooting at someone. I've done my fair share of running away from threats.
Believe you me, I'm not comfortable at the thought of suicide my cop. I'm not comfortable with most LEOs, truth be told. I worked with a whole squad of them as a nightclub bouncer, and I saw some excessively power-hungry young men. They'd just assume tase me than deal with verbal accosting.
Gone off the rails? Nah. I've never been through a life-changing hurricane or other disaster. We went without power for a week when Hurricane Jeanne blew through, and I thought I would die without AC. But if the SHTF in my area, and we were high and dry, safe and sound, the local LEOs wouldn't coming barging through my door without a lot of heated words. If they tase me, so be it. I will then no longer be a law-abiding citizen but a servant to a government. Take your pick.
If one can now be charged with disorderly conduct and intoxication taking place inside their home, what refuge is there?
Good point!
In Travis County you'd be indicted and sent to Huntsville for life,( not the mean ol death penalty). Texas has been invaded by Californians. Texas was murdered about 15 years ago by the leftist corrosion.
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