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.
Never claimed it was a solution. If they come knocking in a civil manner and advise us to evacuate, we'll take it under advisement. If they come blowing down the doors when there are 2 cars in the driveway and all appearances of occupancy and they don't announce themselves, would you not do the same?
If I'm in there beating the living snot out of a child or spouse and the LEOs happen to see it occurring, then yeah, they have every right to protect the accosted. I would never do that, for one, and if I did, I'd make sure the blinds are drawn.
A little common sence?
This bothers me ...
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.
... all misdemeanors?
What was the justification for entering the home?
Am I missing something here?
The only thing I see as a real charge would be the contributing charg ... kind of hard to tell thats going on by "peeking" in a window.. unless it was some pretty strange kind of thing ...
all misdemenors...
And yet they have no legal obligation to protect you. Nice.
They peeked into a window to determine that.
How about we put some cameras in your home to determine when police ought to enter your home?
How stupid. Shot a cop and go to jail for the rest of your life at best, at worst you're dead. STUPID
As long as my family is accounted for, anything entering my house uninvited is a target.
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".
The police uniform sure would help, but I not all officers wear traditional uniforms. Some of the patrol officers where I live wear black fatigues that make them look like ninjas.
PS: The "You are being ridiculous" comment does not make you look any smarter.
I appreciate your sentiment.
And I'll be sure to send flowers.
"It only OKed those done in emergencies"
Who gets to define "emergency"?
My - you are quite defensive about wanting to be able to assault people without being bothered by the police, so much so you'd be willing to murder a cop.
I don't think any jury in your murder trial would be sympathetic to the defense that they didn't knock before they entered to stop your assault.
Maybe the kid was deserving of a royal A$$kicking. Who knows what he was doing.
If I'm protecting my family from a perceived threat (i.e. an unannounced home invasion, regardless by whom), I doubt there would be a jury in this district that would find me guilty of homocide.
If someone is getting their brains bashed in by a drug-addled lunatic, break down the damn door! But make damn sure you've got witnesses to your claim!
I was taught in a defensive handgun class that your life is on the line 3 times when you use a gun: saving your life by firing the gun, convincing the LEOs that your life was on the line and claiming your life was in danger in front of a jury. If the LEOs are the criminals (i.e. Katrina looting and patently illegal gun confiscations), who are we to rely upon for protection of our lives and properties but ourselves?
C'mon guys... this isn't rocket science. The Second Amendment was instituted to provide the people a way to protect themselves (a GOD-GIVEN RIGHT to life) and to hold the government accountable to its citizenry lest a dictator attempt to usurp our freedoms. I don't believe what I spout is unreasonable. If you break down my door, no attempt to make contact with the resident, then you're going to be met with extreme resistance.
We're cool. Safe travel.
Minor offenses were commited and Justice Stevens brought up the issue "why are the courts spending so much time on this?"
Yes -- you just lost the argument by using it.
When did it become ok for law enforcement to break down your door, UNANNOUNCED and for no good reason?
The decision only covered emergencies. An emergency is a good reason.
If you break down my door, no attempt to make contact with the resident, then you're going to be met with extreme resistance.
Good luck with that, Rambo.
He just wasted a tree writing his worthless concurring opinion that Utah's courts could apply Utah's Constitution. Ya think?
SCOTUS, eventually.
Congratulations Dirty, you completely missed the point. You keep bringing up ancillary stuff that I NEVER mentioned in my recent post. Emergencies: CHECK! The problem with that, though, is who decides what constitutes an emergency? Beating the snot out of a child: emergency. Every house BUT MINE on the block are in rubble... not an emergency.
We're dealing with extremes, and then I'm getting lambasted by granularity. You're completely missing the point.
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