Wrong amendment.
Should have gone after the secure in person and papers or no search without warrant
The article states that they sued under the 3rd and 4th.
“Should have gone after the secure in person and papers or no search without warrant”
Sounds like they weren’t there to do a “search.” So, it wouldn’t apply. Also, right to be secure in persons and papers has been so watered down by courts over the years.
I am not a Libertarian. However, I despise “no knock” warrants. I DO NOT want to see law enforcement endangered. However, I am of the opinion that these warrants - while purported to be for police safety - are actually about seizing evidence before it can be destroyed. IF the real reason was police safety, then just cover all exits and tell to occupants to come out. Whatever, I am not an attorney nor a civil libertarian, but these type of no knock warrants just really seem to violate the original intent of the COTUS.
But the cops weren’t after them. They wanted to use their house to watch the people’s neighbors. I assume this will be appealed.
Problem is, they confiscated nothing nor are they in court with the fruits of any search.
All falls under exigent circumstances.
Cops were right, and so was court.
Please see #44.