OT: Editorial: Kicking down your door gets easier

I find this quite frightening:
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The next time police knock at your door, be careful what you do next. Any
sound you make inside could grant police the authority to search your home
without a warrant.
That's the result of last week's misguided Supreme Court decision expanding
the definition of an exigent circumstance under which police can conduct a
warrantless search. In an 8-1 ruling, the court created a new precedent
that grants law enforcement the power to bypass a warrant based on
arbitrary standards, which could be as minimal as "hearing" evidence being
destroyed. We strongly disagree with the court because, in the words of
dissenting Justice Ruth Bader Ginsburg, it "arms the police with a way
routinely to dishonor the Fourth Amendment's warrant requirement."
The Fourth Amendment to the Constitution explicitly protects an individual
from unreasonable searches. To search a home, law enforcement must first
obtain a warrant based on probable cause. Only in exigent circumstances,
such as imminent danger, while pursuing a suspect, or to prevent the
destruction of evidence, are police allowed to search a home without a
warrant.
The case of Kentucky v. King addressed the question of whether police can
themselves create the emergency conditions to bypass the need for a
warrant. While pursuing a drug suspect, police smelled marijuana from an
apartment. They knocked on the door, identified themselves as police and
then heard what sounded like evidence being destroyed. The knock at the
door, the police argued, scared the suspects into destroying evidence, and
thereby constituted the exigent circumstance to justify their warrantless
search.
What does evidence being destroyed sound like? The court shrewdly tossed
this crucial question back to the Kentucky Supreme Court. However, the high
court offered a broad precedent that allows police the nearly unfettered
power to manufacture an emergency. The court only explicitly excluded
exigent circumstances where police violate or threaten to violate the
Fourth Amendment.
Justice Ginsburg explained how this ruling will empower police to conduct
more warrantless searches. "In lieu of presenting their evidence to a
neutral magistrate, police officers may now knock, listen, then break the
door down, nevermind that they had ample time to obtain a warrant," she
explained in her dissenting opinion.
The process of obtaining a warrant doesn't just protect the accused; it also
minimizes the number of "wrong door" police raids that injure and kill
innocents. In this very case, police picked the wrong apartment that did
not conceal their intended suspect. The Cato Institute, which tracks
botched police raids, has called the problem "an epidemic of isolated
incidents." We can expect more of them.
Defenders of liberty should be worried by this easy circumvention of the
Fourth Amendment. It violates basic tenets of a free society: that
individuals are presumed innocent; that our homes are our private
sanctuaries; and that government can search our property only after
obtaining a warrant.
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Thanks,
Rich
Reply to
Rich Grise
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Although I am a staunch supporter of the police and our judicial system, for once I agree. This, I believe, is infringing on our Constitutional rights.
Thanks, John
Reply to
John KD5YI
Then you're staunchly support people who want most deeply to deprive you of something you evidently care about, if not deeply enough to pay attention to what those you staunchly support are actively working towards eliminating.
Load the supreme court with goons for a few decades, stuff like this is bound to happen. You might want to quietly reinforce your door, so at least you'll have a minute or two while they send for the "blow it off the hinges" squad. Call it tornado-resistance, not protecting your right to be free from unreasonable search and seizure, of course. But don't expect any rights at all - the court has been stocked with people that think you have none, and corporations have them all - so they make it so.
Reply to
Ecnerwal
s/corportations/bureaucrats|politicians/
Thanks, Rich
Reply to
Rich Grise
reminds me of southpark hunting, guess I'm not the only one :)
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-Lasse
Reply to
langwadt
Rich, this disturbs me too, along with some pretty credible constitutional scholars. Could be the most dangerous BOR decision in decades.
And this just following that marine that got killed in Tucson - wrong house SWAT raid.
Rex
Reply to
Rex
Well let me make you piss your pants if you live in Indiana.
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These people that slavishly believe that more and more government is best for society are half the root of the problem, those that believe in freedom but fail to vote are the other half.
Wes -- "Additionally as a security officer, I carry a gun to protect government officials but my life isn't worth protecting at home in their eyes." Dick Anthony Heller
Reply to
Wes
are the other
Bloody scary, that.
This just in:
I was eating lunch on the 20th of February with my 10-year-old granddaughter and I asked her, "What day is tomorrow?"
She said "It's President's Day!"
She is a smart kid.
I asked "What does President's Day mean?" I was waiting for something about Washington, Lincoln, etc.
She replied, "President's Day is when President Obama steps out of the White House, and if he sees his shadow we have one more year of unemployment."
You know, it hurts when hot coffee spurts out your nose...
...Aspire to Inspire before you Expire...
-- Education should provide the tools for a widening and deepening of life, for increased appreciation of all one sees or experiences. It should equip a person to live life well, to understand what is happening around him, for to live life well one must live life with awareness. -- Louis L'Amour
Reply to
Larry Jaques
I just found that out a few seconds ago ;)
Reply to
Wes
What did you expect would happen ?
--Iin these situations it's sometimes helpful to realize that 5 of the 9 sitting SCOTUS justices were appointed during Republican controlled Federal administrations.
Reply to
PrecisionmachinisT

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