Supreme Court Rules In Detroit Case

[Shuckins]

The evidence gathered in an improperly conducted house search, which produced an illegally owned firearm and crack cocaine, did not have to be tossed out.

The defence lawyer of the citizen involved had maintained that the evidence gathered in the "illegal search" should be thrown out because the police had not waited the mandatory 15 seconds after knocking at the citizen's door and identifying themselves before entering.

The majority opinion stated that holding the police to such an unnecessarily strict interpretation of that rule would allow dangerous felons back onto the streets.

Judge Alito apparently broke the 4-4 split of the judges in this ruling.

[Mickey1992]

Justice Antonin Scalia, writing for the majority, said "whether that preliminary misstep had occurred or not, the police would have executed the warrant they had obtained, and would have discovered the gun and drugs inside the house."

Seems logical.  However this idea that law enforcement has to wait a certain period of time at the front door even if they have a court-ordered search warrant is stupid.  I am glad Ms. O'Connor is gone.

[indy007]

If they don't give you 15 seconds... how the hell are you supposed to flush your stash?

[john9001]

anyone remember the "no knock" rule the cops used some years ago? it was all the fashion until the cops broke down the wrong door and a few cops got shot, they then went back to knocking on the door.