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Politics : View from the Center and Left
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To: Lane3 who wrote (21277)6/16/2006 6:22:25 PM
From: Ilaine  Read Replies (1) of 541880
 
I thought that they had a special warrant that allowed them to knock, announce, wait fifteen seconds, and then burst in.

Those facts are not contained in the majority opinion and thus are not relevant to the issue being determined. When you cite cases, the facts in the opinion are fair game but not facts that are in the record but not in the opinion.
law.cornell.edu

Kennedy's concurrence is interesting. He asserts that he's joining the opinion because in this particular case, the evidence would have been found anyway pursuant to the lawful warrant, it's not coming in under the "plain sight" warrant exception. This may be useful to future supression efforts, depending on the facts.

These days Kennedy and Breyer are the court's voices of reason.
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