The supreme court ruled today that police with a warrant to search a home are not required to knock before entering.
I thought conservatives wanted to keep the government OUT of our homes!
"Our Fourth Amendment traditions place a high value upon protecting privacy in the home." said Justice Breyer in his dissent.
Welcome to Bizzaro world!
Scalia, writing for the majority, the failure to knock is a "preliminary misstep."
Hate to tell you this, Antonin (may I call you Antonin?): Most caselaw involving criminal procedure spring from "missteps." Mirranda not being advised of his rights? Just a misstep. Gideon not being provided an attorney for his trail? Misstep.
Ragan appointing you to the bench? Misstep.
posted by The leftist southpaw @ 2:53 PM
2 Comments:
My first instinct is to actually agree with you on this point, but that is scary so I need to do more research ;)
Well, after a little research on the topic, your post is misleading. The decision was that any evidence obtained when executing a warrant is still admissable even if the officer failed to knock and announce before entering being the same evidence would have been found had they knocked and announced. It also allows for penalties for violating the knock and announce.
So, my initial instinct to agree was properly checked by my higher instinct that agreeing with you doesn't feel right.
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