Say Uncle links this court ruling.
The justices in an 8-1 decision said officers who loudly knock on a door and then hear sounds suggesting evidence is being destroyed may break down the door and enter without a search warrant.
Residents who “attempt to destroy evidence have only themselves to blame” when police burst in, said Justice Samuel A. Alito Jr.
Bad Justice! This is essentially saying that the 4th Amendment doesn’t exist anymore. We can see examples like this with traffic stops. All an officer has to say is he smelled some smoke or booze, or the person’s eyes “looked funny” or speech was slurred, and ta-da you’re getting you car rolled. I have no problem with this if that’s the actual case, but there’s no way to prove if the above observations are legit. You’ll never see internal affairs entering a bag of wet tissues in a case against a crooked cop who was claiming to have smelled illegal substances while suffering from a head cold as an excuse to harassing a citizen.
The same goes here. The cops can CLAIM they “Knocked Loudly”, or claim they smelled smoke or heard a toilet flush. But how can you prove they didn’t unless you have a CC camera in your home, or you happen to be running a recording device at the time the police show up at your door.
Furthermore who hasn’t had to hurry a crap along because somebody knocked at the door, or heard the knock while doing a #1 operation? There have been many a time when I’ve come out of the bathroom to see who’s at my door. So me doing a courtesy flush is a call to kick my door?
I’m sorry Police, but if I’m washing my hands in the loo and I hear my door get kicked down, I’m coming out of the bathroom with a gun in my wet hands.
And the scary thing is that because of that legitimate reaction I will be murdered by the police because they got the address on the warrant wrong.
Also let me add that if the evidence you’re getting a warrant issued for can be destroyed quickly, you probably should be going for the bigger fish. Furthermore you can ALWAYS pump a septic tank, or have a public works crew put a block or a collection unit on a public sewer outlet.
And the most jaw dropping part about it? This is about DRUGS!
This isn’t a terrorism related issue where people could immediately die if they didn’t kick in the door.
It isn’t about murder, rape or robbery. It is about substances that people put in their bodies. Given this rationale, it won’t be long before the Culinary Control Police are tossing flash-bangs into homes to stop someone from adding a tablespoon of salt to the stew.
Wonder if they have any of those used missile silos left — I’m think those doors might slow the coppers down a bit.
Another reason to legalize drugs. Sure being able to buy heroin at the local drug store or bar will cause a bunch of social problems…but you need to be neck-deep in nanny-state kool-aid to think it’ll be worse than now with armored swat-teams with full-auto weapons kicking down doors that may-or-may-not-be the right address.
That being said I didn’t focus on the drug angle because that’s too narrow a view of such a blanket assault on individual liberty.
This is the way that liberty died. Not with a bang but a whimper.
… well, in your case I guess it’ll be a bang. Cold comfort, that.
Yeah, and this recent IN court ruling where self-defense is not a legitimate reason for shooting at police who have unlawfully entered your residence is complete nonsense.
We’ve all heard instances where a police officer stalked a former spouse or girlfriend. So basically this ruling has condoned any action a police officer wishes to perform unlawfully. The courts start out with a ruling that protects SWAT team members who break into the wrong address from incurring any liabilities, as well as shifting the blame on the lawful resident who unknowingly resists.
What this will eventually lead to is a uniformed officer breaking into his ex-wife’s house “just to talk” or to “teach her a lesson” and she is forbidden by law from defending herself.
Hell, why worry about breaking into someone’s house at all? Just put on a damn uniform and do it in the daylight. Much safer that way.
And this doesn’t even breach the intangible aspect from a liberty standpoint. Centuries of common law have built up the sacrosanct position that a man’s home is his castle, unbreachable without a warrant.
What is the use of having firearms if they cannot be used for their intended purpose as a bulwark against tyrrany? Intruder in the night? Don’t shoot, it could be a cop! An intact and vigorous second amendment is great, but otherwise we are turning into some of the best well-armed slaves on the planet.
well alcade, that whole “resist tyranny” business means the law WON’T be supporting you, and it WILL be the Police and the Military shooting back. That’s why revolution needs to be taken with great caution because unless you can get a huge following in your cause (including hopefully members of the police and military who aren’t willing to commit evil)….and also a reason why we can NEVER cede our gun rights for ANY reason, because as soon as we do how long do you think freedom will last?
As Lissa says freedom is dying with a wimper…but if we weren’t armed, we can all know how fast the flood gates will open.
Also great point about police intimidation. Just imagine what might happen to say the political activist against government waste in the police (like the Massachusetts law that requires a Police officer get paid to stand and do nothing at a public works project) or police overstepping their bounds (see the various open carry harassment by the police), what might happen. You don’t think they might be able to fudge a warrant and use it to smash down somebody’s door.
Even if its “opps sorry, but we thought you were doing drugs and destroying evidence”, you’re now sitting in your home with a broken door and door frame. (FYI we looked into replacing our ugly front door and backed down because the cost was just too high)
They can REALLY squeeze somebody without an ounce of scrutiny.
Some sherriff in IN has stated on record as being thrilled to be able to do house to house searches any time he wants now.
If you could drop me a link I’d LOVE to get ALL OVER that bullshit!
Weerd,
I share your feelings. That is the same thing that I worry about with the JBT’s kicking my door in on a no knock for the House down the street.
Jack Booted Thugs Given Power to Stomp the 4th Amendment
alCade,
In TX we are given the right to resist Jack Booted Thugs with Force but not Deadly force.
It’s kind of hard to fight off a guy with a gun pointing at you when you can’t shoot back.
Yeah I see that as going wrong fast.
Iron bound security doors will soon be made illegal no doubt.
These doors are ONLY used by drug dealers fortifying their dens of evil! WE MUST BAN THEM FOR THE CHILDRENZZZz!11!!!111
I don’t get what all the fuss is about. Let’s face it, none of our opposition (loyal or otherwise) thinks we have the right to resist unlawful intruders of the non-police variety. Why would you be surprised that the powers that be would say you can’t resist unlawful entry by actual police? All this does is codify the standard operating procedure of cops. If you want change, fix the state law. No matter what the Supremes would let them get away with, if the state law says “no forcible entry by police except to stop imminent murder,” then that’s all that matters. You could end SWAT deployments for search warrants at a stroke.
Meh, this merely codifies what has been SOP for quite some time now. The 4th Amendment has been on life support for a while now, it’s only a matter of time before they drive a stake through its heart. 🙁
Y’know, I am really starting to wonder if people even remember that the Constitution has built-in instructions and capabilities for self-modification.
‘Course, in this case, why bother? If the judges are going to legislate from the bench that hard, why waste the time and effort necessary to get an Amendment passed? Just send the right case to the Supreme Court, and watch the Constitution get dissolved, one phrase at a time.
Considering the reasons that Amendment was added, something tells me our forefathers would have some… interesting… words for us at the moment.