CHIPPING AWAY AT OUR RIGHTS
RULING
Used to be the only time police were allowed a "No knock" search warrants was during drug raids, where there was a chance that evidence would be destroyed. Now it appears that the Supreme Court has given police a blanket ruling on this. Our rights against unreasonable search and seizure is going out the window.
posted by Kenny @ 7:30 AM
1 comments
1 Comments:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The police announced themselves and three seconds later forced their way into the house. They did not knock. Granted they did force their way in, but they did announce themselves. The knock wait 10 sec rule was announced in 1961 and the majority of the court basically said in this ruling was the cops would have found the gun and the drugs had they knocked anyway. But in any event you punish the police, not the public, and you don't exclude all the evidence because of the improper entry into the house. That's what they're saying. You don't exclude all the evidence simply because of the improper entry into the house. Its not chipping away at our rights. Look at it the other way. If the court had ruled that the evidence would be excluded, it would have been saying it's not good enough to announce yourself, you have to knock, and if you don't knock, any evidence of a crime, no matter how serious will be excluded even if you have a search warrant.
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