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Supreme Court: No exclusionary rule for no-knock searches

Posted on 06/15/2006 7:53:40 AM PDT by NinoFan

Breaking... Major 5-4 decision. This case was reargued and apparently Alito cast the deciding vote.


TOPICS: News/Current Events
KEYWORDS: alito; billofrights; constitutionlist; evidence; fourthamendment; govwatch; justicealito; libertarians; noknock; policesearch; robertscourt; ruling; scotus; warondrugs; wod; wodlist
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To: A CA Guy
(ANYONE suspected of owning firearms)?

Anyone suspected of owning firearms, for whom there would be some other basis for search.

If you suspect someone might be growing pot, and the person's armed, do you knock and announce or smash your way in? The person might in fact be entirely innocent of the drug allegations, but you can't know that until you're actually in their dwelling.

221 posted on 06/15/2006 4:19:16 PM PDT by supercat (Sony delenda est.)
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To: Huck
where is the "knock and announce" protection in the Constitution?

Oh you know, the other constitution where it says "knock three times, walk around the block, sit on the stoop for ten minutes, then knock three more times, give the password and secret handshake before entering the crackhouse." Dems da rulz, boyz.

222 posted on 06/15/2006 4:20:40 PM PDT by Veto! (Opinions freely dispensed as advice)
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To: Zon
To be wrong with the criminal is a minor admission of guilt -- LEOs can handle that. It's also a minor screw up. But to be wrong with a non-criminal is a major admission of guilt -- LEOs can't handle that. It is also a major screw up.

Along with that, if an LEO harasses or harms an innocent person, the LEO wants that to just go away. When an LEO bags a crook, he doesn't want that to just go away. Given law enforcement agencies' ability to have things "just go away", the only things that won't are usually the ones the LEA doesn't want to.

223 posted on 06/15/2006 4:22:40 PM PDT by supercat (Sony delenda est.)
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To: half-cajun

Because I dislike the French...

Sorry, joking. For the same reason that we call 1, 2, 3 etc. Arabic numbers and not English numbers. We got them from the English, but the English got them from the Arabs.


224 posted on 06/15/2006 4:25:04 PM PDT by green iguana
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To: supercat
It may be assumed IMO that any person associated with drugs or other crimes could be carrying a lethal weapon in the house and if law enforcement wished no-knock entry, I can understand it.

I find that far different that a regular gun owner who is usually a law abiding citizen.
225 posted on 06/15/2006 4:25:06 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: A CA Guy
I find that far different that a regular gun owner who is usually a law abiding citizen.

Right, but how often are search warrants issued for people suspected of just being law-abiding citizens?

226 posted on 06/15/2006 4:28:43 PM PDT by supercat (Sony delenda est.)
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To: Republican Wildcat
I have read before that Louisiana was based on "Napoleonic Code"

It was. But that was based on Roman law. The original basis is the one that should get the credit.

227 posted on 06/15/2006 4:30:30 PM PDT by green iguana
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To: supercat
The SOPs got insanely complicated--at one point, authorization for a vehicle search had to go through the precinct captain, and all officers present had to fill out the paperwork at the same time, during the stop.

Handling a pen with your gun hand really slows down your reaction time.

228 posted on 06/15/2006 4:30:58 PM PDT by BeHoldAPaleHorse ( ~()):~)>)
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To: supercat
If I say I think your strategy in 175 is brilliant I'll have to agree with reinstating alcohol prohibition. In other words, the strategy is right yet drug prohibition is wrong. 

Recreational drug use is a problem. Drug prohibition and the war on drugs immensely increases drug problems.

LEAP (Law Enforcement Against Prohibition). A fast growing segment of persons that have or have had careers in the justice system. In the trenches of the drug war. 

229 posted on 06/15/2006 4:32:52 PM PDT by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: supercat
If a cop breaks into a crook's dwelling and gets some evidence, but a court throws out his case, do you think the cop's superiors aren't going to do something about the cop? Especially if it happens with any frequency?

You got it absolutely right--they won't do anything about him. Nobody crosses the union rep.

230 posted on 06/15/2006 4:35:25 PM PDT by BeHoldAPaleHorse ( ~()):~)>)
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http://www.law.cornell.edu/supct/html/04-1360.ZO.html

Link to decision.


231 posted on 06/15/2006 4:41:58 PM PDT by NinoFan
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To: BeHoldAPaleHorse

That's an admission that rogue cops are permitted. Where permited they will grow in numbers and misuse of power.


232 posted on 06/15/2006 4:42:04 PM PDT by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Zon
That's an admission that rogue cops are permitted. Where permited they will grow in numbers and misuse of power.

They're permitted because there is no real sanction for violating the exclusion rule. Throwing the case out is not a sanction against the cop--at most, it's a sanction against the DA.

But just keep pretending that it wasn't your dope.

233 posted on 06/15/2006 4:44:42 PM PDT by BeHoldAPaleHorse ( ~()):~)>)
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To: sinkspur
I have to agree with Lugspur on this one! Small-town SWAT teams will use this ruling to break down doors every chance they get. I know the police around here, and I don't trust them to get it right.

Agree with the ruling? Wait until it's your door that is broken down in the middle of the night because Billy Bob, the town Deputy, got the wrong house or the wrong street.

Innocent people will get killed as a result of this ruling when Billy Bob simply breaks through the door and grandpa pulls out the shotgun next to his bed.

The Fourth Amendment is there to protect grandpa and the "conservative" court just found him guilty because his house number is wrong.

234 posted on 06/15/2006 4:56:01 PM PDT by Small-L (I love my country, but I despise the politicians who run (ruin) it.)
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To: green iguana
"We got them from the English, but the English got them from the Arabs."

Incidentally, I'm not sure the Arabs really did give us numbers:

What Arab Civilization?

You state, "its mathematicians created the algebra and algorithms that would enable the building of computers, and the creation of encryption." The fundamental basis of modern mathematics had been laid down not hundreds but thousands of years before by Assyrians and Babylonians, who already knew of the concept of zero, of the Pythagorean Theorem, and of many, many other developments expropriated by Arabs/Muslims (see History of Babylonian Mathematics, Neugebauer).

235 posted on 06/15/2006 4:56:54 PM PDT by the anti-liberal (OUR schools are damaging OUR children)
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To: BeHoldAPaleHorse
Now, conversely, if you are engaged in activities of the sort that would earn a no-knock warrant, that's your problem, not mine. Being a criminal has always been perilous.

I have not posted in almost 2 years. I am very nearly in tears in reading this thread.

Are you really this shortsighted, sir? Do you own a gun, sir? Are you aware of the wholehearted efforts to outlaw ownership of any type of gun, sir? Have you ever, or might you ever own a semi-automatic rifle or shotgun, sir? Are you really so naive as to think that no-knock warrants will not one day be used on gun owners?

This thread is beyond insane. There is nothing "conservative" about 95% of the posts. It's like reading a book on handy totalitarian quotations.

236 posted on 06/15/2006 4:59:11 PM PDT by OOPisforLiberals
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To: BeHoldAPaleHorse

They're permitted because there is no real sanction for violating the exclusion rule. Throwing the case out is not a sanction against the cop--at most, it's a sanction against the DA.

You know that if a LEO isn't punished for gaining evidence illegally when the court throws it out then for sure most of the time when the law enforcement agency knows the evidence was obtained illegally that too will not be punished. When the court catches the LEO with his hand in the illegally-obtained-evidence cookie jar is given a pass by the LEA for sure the LEA will give a pass when illegal evidence is obtained but not caught by the court with his hand in cookie jar.

But just keep pretending that it wasn't your dope.

Another of your completely inane comments. You off your meds again?

237 posted on 06/15/2006 5:01:53 PM PDT by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: sourcery
So, if strangers break down your door unannounced, you won't shoot at them just because they might be cops? If that becomes the message, expect lots of home invasions by the bad guys as a result.

Hey, sometimes the bad guys yell "POLICE!" as they enter. This is happening already, and everybody on the bad end of the invasion reports great confusion. It's one direct consequence of raids, period. Never mind no-knocks. As for "Wild Bunch"-ing it out with a paramilitary assault force, chances are real good at gettin' got, and who knows what version of events a jury will hear?

238 posted on 06/15/2006 5:03:44 PM PDT by Wolfie
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To: OOPisforLiberals
Worth repeating:

This thread is beyond insane. There is nothing "conservative" about 95% of the posts. It's like reading a book on handy totalitarian quotations.


239 posted on 06/15/2006 5:05:05 PM PDT by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Small-L
I have to agree with Lugspur on this one! Small-town SWAT teams will use this ruling to break down doors every chance they get. I know the police around here, and I don't trust them to get it right.

It's your fault you live in a place where police can't get it right. I've got two sons in law enforcement, one in SWAT, and they don't break in every chance they get. Most of the time, they never have to break in at all.

Too many on this thread are militia types who get their information in the middle of the night from shortwave goofballs.

240 posted on 06/15/2006 5:06:32 PM PDT by sinkspur (Today, we settled all family business.)
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