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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: LindyBill who wrote (170057)	6/15/2006 5:39:52 PM
From: D. Long	Read Replies (2) \| Respond to of 793964

The Supreme Court just ruled 5-4 that police who conduct an illegal “no-knock” raid on a citizen’s home can use evidence seized from that raid against the suspect at trial I don't like it either, but what is the real difference? Cops just knocked while their buddy's foot was half-way through the door. Derek

To: LindyBill who wrote (170057)	6/15/2006 5:56:14 PM
From: rich evans	Respond to of 793964

Not much change to present situation from Wikpedia: A knock and announce warrant, in the American law of criminal procedure, requires that the officer tasked with the responsibility of executing the warrant must knock on the door of the home to be entered for a search or arrest, and to announce their purpose. The general rule is that a warrant must have these requirements unless the officer requesting the warrant can demonstrate to the issuing judge that requiring such a procedure would endanger human life or safety, or would create a likelihood that evidence will be destroyed. An officer executing a knock and announce warrant may nonetheless enter the home without knocking or announcing if exigent circumstances are present at the time the warrant is executed. If an officer in possession of such a warrant fails to knock and announce, and no exigent circumstance was present, then the prosecutor may be barred under the exclusionary rule from introducing evidence seized in the entry and search of the home. However, the evidence may still be admitted if it can be shown that it would have been discovered irrespective of whether the officer had followed the instructions in the warrant. Under current case-law (2006), the knock and announce provision of a warrant (as well as most other provisions) is largely meaningless, since penalties for violating the requirements are either non-existent, or easily circumvented.