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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: ModerateGOOPer
You might want to read about the case of Cory Maye. No criminal record. Police got tip that his next door neighbor was selling drugs. Police raid next door neighbor and Maye's residence late at night (two halves of duplex). Maye was asleep near his infant daughter when police kicked down the door. He picked up his gun and fired at the intruders, killing a police officer, but threw down his gun immediately upon police identifying themselves. Police found no drugs in their search of Maye's home, though much later did another search and claimed to have found a single marijuana cigarette. Jury convicted him and sentenced him to death. Interestingly enough, the neighbor had bagloads of drugs, but was never charged with a crime and today cannot be located to serve as a witness. (Can you say coverup?)

Yep sounds like that and a stupid defense lawyer also. Of course to many as long as their beloved Party wins a victory no matter how wrong it doesn't matter to them the cost in freedom and liberty. Likely the some ones who cursed the Reno DOJ for their tactics.

141 posted on 06/15/2006 1:05:55 PM PDT by cva66snipe (If it was wrong for Clinton why do some support it for Bush? Party over nation destroys the nation.)
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To: Dead Corpse
Hi Dead,

I don't think that law enforcement intends mistakes while going out to bust bad guys.
The few times I've read about the mistaken address situation, it was always a good faith effort by law enforcement and there would be a lapse by the person who was supposed to verify the address, or the address was unreadable on the building.

I don't think it makes enforcement's day to be in the wrong residence.

So far the remedy I've seen has been retraining and maybe firing the employee who was to double verify information.

In some cases where there are suspected weapons inside, so I like no knock raids. Why advertise you are outside the door so they can grab their machine guns and armor piercing bullets to fire at you? Why give an edge to bad guys?
142 posted on 06/15/2006 1:07:43 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: Lurking Libertarian; colorado tanker
I can't believe they were really trying to argue that the fact that the police only wait 3 seconds before rushing into your house with a warrant instead of 20 seconds renders any evidence collected inadmissible.

The fact that 4 of the members of the SCOTUS apparently agree is indicative of why our society is screwed up.

The cops announced their presence as they were coming in.

Send all lawyers to the Moon or Mars.

143 posted on 06/15/2006 1:08:10 PM PDT by Rome2000 (Peace is not an option)
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To: TChris

The Court has crafted exceptions to the knock and announce rule, and I am of the opinion that these exceptions are wrongly decided. Unfortunately, these exceptions are yet another Fourth Amendment casualty of the War on Drugs.

Regardless of my opinion, though, the Court has created a number of exceptions--but, of course, the rule is clear, and still is after today's decision: a no-knock warrant is generally unconstitutional.


144 posted on 06/15/2006 1:09:52 PM PDT by Publius Valerius
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To: Rome2000
You didn't realize the Constitution guarantees every citizen 20 seconds to flush down the evidence before the police can come in? Why, it emanates right next to the penumbra.
145 posted on 06/15/2006 1:12:55 PM PDT by colorado tanker
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To: Publius Valerius
after every state adopted the English common law

49 of the states adopted English common law. Louisiana's Constitution is based on codified, or Roman law (sometimes erroneously called French law.)

146 posted on 06/15/2006 1:25:33 PM PDT by green iguana
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To: green iguana

Yes, I suppose I should have been more clear: every state that was around at the time of the ratification of the Constitution.

But you're right--civil law rules in LA.


147 posted on 06/15/2006 1:31:23 PM PDT by Publius Valerius
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To: NinoFan
No, it didn't say not necessarily, it said that no it is not a required remedy.

Well that's what I meant. Sorry for my vagueness.

148 posted on 06/15/2006 1:34:43 PM PDT by Sandy ("You show me a nation without partisanship, and I'll show you a tyranny.")
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To: Sandy

Sorry, didn't mean to jump on you. :)


149 posted on 06/15/2006 1:35:33 PM PDT by NinoFan
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To: jazusamo
A welcome indication of the conservative leaning of Justice Alito.

"The Fourth Amendment has been virtually repealed by court decisions, most of which involve drug searches"...Steven Duke, professor of law at Yale University
.
150 posted on 06/15/2006 1:38:38 PM PDT by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: BeHoldAPaleHorse

Read the fourth amendment and do your best to fully comprehend it, then get back to me.


151 posted on 06/15/2006 1:40:11 PM PDT by takenoprisoner (Sorry Mr. Jefferson, we forfeited the God given rights you all put to pen. We have no excuse.)
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To: jazusamo

When the nazis have the majority...they rule the day.


152 posted on 06/15/2006 1:41:29 PM PDT by takenoprisoner (Sorry Mr. Jefferson, we forfeited the God given rights you all put to pen. We have no excuse.)
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To: takenoprisoner
Read the fourth amendment and do your best to fully comprehend it, then get back to me.

I read it; there's no requirement for "knock and announce."

153 posted on 06/15/2006 1:42:23 PM PDT by BeHoldAPaleHorse ( ~()):~)>)
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To: blaquebyrd
I guess the federal agents who kicked in the door to get Elian Gonzalez out of the house were right after all. Turns out Janet Reno and Bill Clinton were conservatives after all.

LOL! Couldn't have said it better myself. Blackbird.

154 posted on 06/15/2006 1:42:48 PM PDT by BlackbirdSST
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To: TChris

Many drug dealers are murderers and thieves.

Some are but most aren't. But that's besides the point. The act of possessing drugs and the act of buying and selling drugs is not murder rape or assault. They are consensual interactions. So perhaps we had a misunderstanding.

Zon: Besides that, drug users and even dealers engage in consensual "crimes". They are not murders, thieves or rapists whose targets/victims do not consent.88

It is clear that the context I wrote about was the act of possessing and dealing drugs is consensual. Whereas the acts of murder, thievery and rape have targets/victims that do not consent.

Now you want to change what you wrote to mean that the drug trafficking itself is not harmful to anyone else, but that isn't what you wrote, and it's a significant difference in the context of this debate.

I didn't change the context. It's right there in my 88 post. I was talking just about possession and trafficking. I even differentiated the "crimes" of illicit drug possession and trafficking from  violent crimes of murder, thievery and rape by means of the former being consensual and the later being non-consensual. 

It is you that changed the context. Not I.

In fact, if drug dealers were not frequently violent criminals, I'd assert that SWAT teams bashing in front doors would be entirely unnecessary, and therefore rare to nonexistant, to take them down.

In my last post I addressed the context that you had changed to. You changed to the context of crime that is spawned by the prohibition of drugs. Like alcohol prohibition before it, drug prohibition spawned crime.

Not really.

Yes really. Your denial of reality is a delusional.

Aside from the rest of your misguided post the below is the only real comment worth responding to.

Laws that don't fit with your philosophy are not, therefore, unconstitutional.

I see nothing in the constitution that it permits congress to prohibit drugs. If it were the 1920's I could point to the part of the constitution that prohibited alcohol -- the 18th amendment.. Please post the part of the constitution that you think permits congress to prohibit drugs.

You claim that I want the constitution to say whatever I want it to when in fact you are projecting. For it is you that want the constitution to to say what you want it to. Drug prohibition is unconstitutional. Apparently you find it difficult to  acknowledge having lived your life under a false premise and chose to rationalize continued living under a false premise.

Zon: It seems abundantly clear to me that you've been manipulated into supporting collectivist.group-think.

Oh come on, you can do better than that! Call me a poo-poo head or something.

I couldn't resist responding. What argument do you give for supporting unconstitutional laws even if you weren't aware that they were unconstitutional? You give a group-think response in support of the laws being valid. They aren't valid. You've been manipulated, via your own lack of critical thinking and research, you've gone along to get along.

See 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, so to speak. You don't want to believe me, fine. Perhaps persons in similar fields as yours will get through to you.

155 posted on 06/15/2006 1:43:47 PM PDT by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: BeHoldAPaleHorse

Well, tell that to the nine Supreme Court Justices and the line of cases going back 400 years that says it is a right.

Have we been wrong for the past 400 years? I'm just curious.


156 posted on 06/15/2006 1:46:08 PM PDT by Publius Valerius
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To: lugsoul
It is mind boggling how so many here consider the expansion of the power of the state to be "conservative."

Neocons are not conservative. They adopted the word conservative the same way that other group adopted the word gay.
.
157 posted on 06/15/2006 1:46:24 PM PDT by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: BeHoldAPaleHorse
Well, all that means is that you would consider a band of masked officers streaming through your door, unannounced, as it splinters into hundreds of pieces to be "reasonable."

I can assure you that most would disagree.

158 posted on 06/15/2006 1:49:16 PM PDT by lugsoul (Livin' in fear is just another way of dying before your time. - Mike Cooley)
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To: A CA Guy
If it could end up with a cop or an innocent home owner dead? It better be a bit more than a "good faith effort".

Think about it... Waco was technically a raid that DID NOT NEED TO HAPPEN. They could have nabbed any number of the Davidians on their trips into town.

Then there are the monthly list of drug raids gone bad. Wrong addresses. No drugs found at the Right address. Ect...

Why not just grab 'em when they aren't at home? Get 'em on the street where they can't hole up, aren't near their weapons cache, and can be SEEN fro mall sides? Makes a hell of a lot more sense than an o-dark-thirty raid on a closed box.

Note: I'm not arguing Constitutionality or the rightness of the SCOTUS decision. I just think the whole "no-knock" proceedure itself is lazy fricken police work that has a LOT to recommend against it.

159 posted on 06/15/2006 1:53:40 PM PDT by Dead Corpse (It is not the oath that makes us believe the man, but the man the oath.- Aeschylus)
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To: oblomov

If a drug is produced in, say, Ohio, and sold there, from where does the federal government derive its jurisdiction to regulate this production and sale?

If you're regarding the commerce clause, the original intent of the CC was to prohibit the states from setting up barriers to entry. For example, charging a tariff to a saddle maker to transport his saddles into or through a state. The original intent had noting to do with regulating what products could be transported into or through a state. Nor did the original intent of the CC grant the government permission to regulate a product because it crossed state lines. A huge number of laws created in the last seventy years have been passed under a misinterpretation of the commerce clause. The misinterpretation of the CC has been as intentional as misinterpretation that the constitution is a living document is intentional. 

160 posted on 06/15/2006 1:57:50 PM PDT by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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