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To: odawg

No one is disputing that. Justice Thomas didn’t either in his opinion in 1995.

What he did say was: “This is not to say, of course, that every entry must be preceded by an announcement. The Fourth Amendment’s flexible requirement of reasonableness should not be read to mandate a rigid rule of announcement that ignores countervailing law enforcement interests. As even petitioner concedes, the common-law principle of announcement was never stated as an inflexible rule requiring announcement under all circumstances. See Ker v. California, 374 U.S. 23, 38 (1963) (plurality opinion) (”[I]t has been recognized from the early common law that . . . breaking is permissible in executing an arrest under certain circumstances”); see also, e.g., White & Wiltsheire, 2 Rolle 137, ___, 81 Eng. Rep. 709, 710 (K. B. 1619) (upholding the sheriff’s breaking of the door of the plaintiff’s dwelling after the sheriff’s bailiffs had been imprisoned in plaintiff’s dwelling while they attempted an earlier execution of the seizure); Pugh v. Griffith, 7 Ad. & E. 827, 840-841, 112 Eng. Rep. 681, 686 (K. B. 1838) (holding that “the necessity of a demand . . . is obviated, because there was nobody on whom a demand could be made” and noting that White & Wiltsheire leaves open the possibility that there may be “other occasions where the outer door may be broken” without prior demand).

Indeed, at the time of the framing, the common-law admonition that an officer “ought to signify the cause of his coming,” Semayne’s Case, 5 Co. Rep., at 91b, 77 Eng. Rep., at 195, had not been extended conclusively to the context of felony arrests. See Blakey, supra, at 503 (”The full scope of the application of the rule in criminal cases . . . was never judicially settled”); Launock v. Brown, 2 B. & Ald. 592, 593, 106 Eng. Rep. 482, 483 (K. B. 1819) (”It is not at present necessary for us to decide how far, in the case of a person charged with felony, it would be necessary to make a previous demand of admittance before you could justify breaking open the outer door of his house”); W. Murfree, Law of Sheriffs and Other Ministerial Officers 1163, p. 631 (1st ed. 1884) (”[A]lthough there has been some doubt on the question, the better opinion seems to be that, in cases of felony, no demand of admittance is necessary, especially as, in many cases, the delay incident to it would enable the prisoner to escape”). The common-law principle gradually was applied to cases involving felonies, but at the same time the courts continued to recognize that under certain circumstances the presumption in favor of announcement necessarily would give way to contrary considerations.

Thus, because the common-law rule was justified in part by the belief that announcement generally would avoid “the destruction or breaking of any house . . . by which great damage and inconvenience might ensue,” Semayne’s Case, supra, at 91b, 77 Eng. Rep., at 196, courts acknowledged that the presumption in favor of announcement would yield under circumstances presenting a threat of physical violence. See, e.g., Read v. Case, 4 Conn. 166, 170 (1822) (plaintiff who “had resolved . . . to resist even to the shedding of blood . . . was not within the reason and spirit of the rule requiring notice”); Mahomed v. The Queen, 4 Moore 239, 247, 13 Eng. Rep. 293, 296 (P. C. 1843) (”While he was firing pistols at them, were they to knock at the door, and to ask him to be pleased to open it for them? The law in its wisdom only requires this ceremony to be observed when it possibly may be attended with some advantage, and may render the breaking open of the outer door unnecessary”). Similarly, courts held that an officer may dispense with announcement in cases where a prisoner escapes from him and retreats to his dwelling. See, e.g., ibid.; Allen v. Martin, 10 Wend. 300, 304 (N. Y. Sup. Ct. 1833). Proof of “demand and refusal” was deemed unnecessary in such cases because it would be a “senseless ceremony” to require an officer in pursuit of a recently escaped arrestee to make an announcement prior to breaking the door to retake him. Id., at 304. Finally, courts have indicated that unannounced entry may be justified where police officers have reason to believe that evidence would likely be destroyed if advance notice were given. See Ker, 374 U.S., at 40 -41 (plurality opinion); People v. Maddox, 46 Cal. 2d 301, 305-306, 294 P.2d 6, 9 (1956).

We need not attempt a comprehensive catalog of the relevant countervailing factors here. For now, we leave to the lower courts the task of determining the circumstances under which an unannounced entry is reasonable under the Fourth Amendment. We simply hold that although a search or seizure of a dwelling might be constitutionally defective if police officers enter without prior announcement, law enforcement interests may also establish the reasonableness of an unannounced entry.”


32 posted on 02/08/2019 7:16:44 AM PST by TexasGurl24
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To: TexasGurl24
I recall reading through that decision when it came out. It has long been apparent that the root passphrase to the Constitution is "drug war". Anything can be justified merely be reciting those two magic words.

Everyone who supports the war on drugs expressly supports this kind of jack-bootery. It completely disgusts me.

47 posted on 02/08/2019 10:11:41 AM PST by zeugma (Power without accountability is fertilizer for tyranny.)
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