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To: Huck
How does knocking make a difference?

Consitutionally, it doesn't. If you're a drug dealer with "product" needing disposal, it would make a BIG difference. :-)

24 posted on 06/15/2006 8:06:41 AM PDT by TChris ("Wake up, America. This is serious." - Ben Stein)
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To: TChris
I don't think there is a Constitutional problem with a no knock situation. Where the problem will happen is if and when the bad guys have a shootout with the police and one of them lives.
If, at 3:00am in the morning, the police knock down the door of my home by accident, they will have just under 10 seconds to find me before there is going to be a major problem. My alarm system will go off, and I can be awakened, up , and armed with a .223 w/night scope before my alarm horn ramps to full volume - it's happened. Someone is not going to live through the encounter because I am not going to wait and see who it is. Had they announced themselves and that they had a warrant, although annoyed at the mistake, I would let them in and we could correct it since I have no desire to engage LE in an armed conflict.
Lets take the situation back at the bad guys house: 3:00 am, the police break down the door and the bad guys are sitting around armed, in the back room of the house. Officer is shot and killed and bad guys are arrested and hauled to jail.
Court day where bad guys is on trial for murder and he gets off simply because he makes a successful self defense argument, after all, the scumbag had his three year old and wife asleep in the house and had no idea that it was the police who were entering. It makes no difference what the truth was, that is without a doubt - reasonable doubt as to the bad guys intentions in killing the officer.

While not (IMHO) a Constitutional issue, I believe no-knock warrant executions are very foolish and extremely dangerous.

In addition this statement is extremely troubling to me "Suppressing evidence is too high of a penalty, Scalia said, for errors in police searches. "
Since the police have immunity from prosecution the ONLY avenue to assure that the police observe the law is to simply make it useless not to. In this particular issue, would agree that just because they didn't knock first (assuming they did have a legally acquired warrant) is no reason to throw out the charges. However, as a general, broad viewpoint this gives LE the green light to do anything they please regardless of the law because the end justifies the means. I STRONGLY disagree!

Cordially,
GE
69 posted on 06/15/2006 8:52:42 AM PDT by GrandEagle
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To: TChris

What happens when the police go to the wrong house by accident - it happens - don't knock, bust in the door and some homeowner starts shooting?


83 posted on 06/15/2006 9:59:19 AM PDT by conserv13
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To: TChris
Consitutionally, it doesn't. If you're a drug dealer with "product" needing disposal, it would make a BIG difference. :-)

Not really. Step 1: show up at suspected drug house. Knock on door. Wait for people inside to flush drugs. When someone finally does answer, ask them for information about some recent crimes, etc. Note: no need for a warrant for any of this.

Step 2: Repeat this procedure, after the dealer has had to explain to his leaders why he flushed thousands of dollars of drugs down the toilet. Again, give the dealer plenty of time to destroy his inventory and then make another social call.

Step 3: Get warrant, then start procedure the same way. But this time, dealer might not want to waste all his drugs. If he doesn't, THEN search the place.

Simple and easy. What's the problem?

175 posted on 06/15/2006 3:14:13 PM PDT by supercat (Sony delenda est.)
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