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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Suma who wrote (21220)6/16/2006 10:48:21 AM
From: Lane3  Respond to of 541465
 
>>Scalia's ruling was confined to the context of the knock-and-announce rule, but some elements of it could apply more broadly, possibly setting the stage for a future attack on the exclusionary rule<<

I can understand why some folks are upset at what might be perceived as a slippery slope at the expense of the exclusionary rule. But so far I can find any actual damage caused by the ruling. Yes, the court altered the long standing "knock and announce" rule. Instead of having to announce, knock, and wait fifteen seconds you apparently can skate by on just an announcement and five seconds. But what is the practical impact of that on the fourth amendment? Nothing that I've been able to either find or conjure up. I can't see how it matters one bit other than symbolically or as a harbinger of potential actual harm to come. This is seeming to me a matter of hollering before you're hurt. Or just hollering.

>>"Because of today's decision, we can expect to see an even more pronounced increase in the use of illegal, military-style no-knock raids,"<<

>>In dissent, Justice Stephen Breyer said the ruling "weakens, perhaps destroys, much of the practical value of the Constitution's knock-and-announce protection."<<

Articles like this document stated opinions but the opinions don't come with explanations or justifications. We're suppose to just accept them as truth, I guess. What garbage!