RIP 4th Amendment..

[SpellAndShield]

Now I am sure even people who think out foreign policy is great might be concerned about this very recent decision by the Surprem Court:

 

http://blogs.forbes.com/rickungar/2011/05/17/supreme-court-erodes-4th-amendment-protections-eases-ability-for-police-to-enter-your-home-without-warrant/

 

Supreme Court Erodes 4th Amendment Protections- Eases Ability For Police To Enter Your Home Without Warrant

 

In a surprising 8-1 decision, the Supreme Court has ruled that police can knock down the door to your home and enter if they hear noises that lead them to believe that evidence is being destroyed.

 

The Kentucky case resulting in the ruling involved the police smelling marijuana in the hallway of an apartment building while chasing a suspect they believed was engaged in selling crack cocaine. When the police knocked on the door of the apartment (which was not the apartment of the initial suspect the police were pursuing) and announced themselves, they heard ‘noises’ inside which led them to believe that evidence was being destroyed. In response, they broke down the door and entered the apartment.

 

In writing the majority decision, Justice Samuel Alito said that residents who “attempt to destroy evidence have only themselves to blame” when police burst in.

 

Justice Ruth Bader Ginsburg, the only dissenting vote, expressed concern that allowing this type of police behavior would undermine the 4th Amendment protections against unreasonable search and seizure. Previously, police officers had to have reasonable cause and a search warrant before breaking into a home unless they believed there was an emergency occurring inside. In other words, if the police heard someone screaming, they were free to break down a door and enter a home without a warrant. However, hearing a flushing toilet, and suspecting that illegal drugs were being destroyed, was not enough to allow them to enter without a court issued edict.

 

Ginsburg writes in her minority opinion –

 

The court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases. In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down, never mind that they had ample time to obtain a warrant.

 

How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and …forcibly enter?”

 

Indeed.

 

While the decision is not, in and of itself, unexpected given the conservative leanings of the Court, the fact that all but Justice Ginsberg went along with the ruling did come as something of a surprise to legal experts.

 

So this means the police can break in your door if they 'smell' something suspicious and 'think' you are destroying evidence. I think this should gravely concern all Americans because you could be next as the police merely need to think you could be a 'bad person' and enter your home. Have you seen ANY mainstream news cover this? Me neither...

[HeyYou]

It used to be, that if the COP smelled something, it was insufficient cause for a search, however, if the DOG smelled something, that was considered sufficient. Now, the cops can wander past your door, and knock, and when you flush your toilet, burst in without a warrant...... Peachy. We are rapidly becoming a police state.

[ub3rman123]

I'll just say that if you're not doing anything wrong you shouldn't have to worry.

 

 

Long as they pay to put the door back up later.

[csgators]

It used to be, that if the COP smelled something, it was insufficient cause for a search, however, if the DOG smelled something, that was considered sufficient. Now, the cops can wander past your door, and knock, and when you flush your toilet, burst in without a warrant...... Peachy. We are rapidly becoming a police state.

 

Except cops have been known to shoot dogs and plant evidence. Presumption of innocence is a key component to our justice system. Besides, who is being hurt by someone smoking a little weed in their house that cops have to break down the door without a warrant.

[DarkeWolf]

Posted Today, 10:50 AM

I'll just say that if you're not doing anything wrong you shouldn't have to worry.

 

 

Long as they pay to put the door back up later.

Ahhhhh, I love the Naive.

 

This is how the seatbelt laws started out. Now cops can pull you over for pretty much anything that they want to and just say " I didnt see them wearing a belt".

 

 

I have not ever seen a case where the city was responsible for replacing damage inflicted by police when doing an investigation, or when acting against criminal behavior (suspected or otherwise). They can knock down your door, break out your window, tear the hell out of your car, doesn't matter.

 

Honestly... this country (the US) is just completely going to hell in a handbasket. Got a bunch of brainless axeswipes sitting too high up the foodchain, that can't see the recriminations of their decisions.

[grannywils]

I'll just say that if you're not doing anything wrong you shouldn't have to worry.

 

 

Long as they pay to put the door back up later.

 

 

Excuse me all to Hades ub3rman, but that is just lame. Just because I am not doing anything wrong does not allow the police or anyone else to tromp all over the Constitution and/or my rights as an American. Sorry, but that is just total B.S. This is not a police state. If you think that this is ok, then start reading some history.

[DarkNinja13]

This is all well and good,but ponder this if you will...

 

I live in the state of Colorado and we have a "Make My Day" law which means homeowners are able to use lethal force to defend their homes (this also extends to renters).

 

You with me so far?

 

Now I like to burn sage (be it a sage stick or sage inscence) because of the purfying properties of sage. The only problem is, sage smells a lot like cannabis (aka marijuana).

 

Still with me?

 

Okay, now, let's say that I live in an apartment and that I am hearing impared (so I can't hear the police at the door), I am in the head while they are pounding on the door and don't hear it (both the pounding and the police identifying themselves as such). I flush the toilet and as I walk out of the bathroom, I see 3 figures coming at me, and so I run to my bedroom where I keep my handgun. The police follow and when they enter the room, I shoot and kill one of them.

 

The reason they barged in was they smelled the sage stick I was burning (smells similar to canabis, remember?).

 

Question: who is in the wrong here?

 

Is it me? Well, Colorado State Legislature says I can kill someone who comes barging into my place of residence without fear of prosecution. So the police were in the wrong.

 

But hold on....the police kicked the door open due to probable cause and the rewording of the 4th Amendment said it was okay. Oh, no! That means I'm a murderer and I am off to jail for Murder 2.

 

But wait, extenuating circumstances mean that my disability has to be taken into consideration, so I'm okay.

 

But...the two officers that didn't get shot in this debacle say that I saw them and ran....

 

...hoo boy!

 

Now if you think this is far fetched, I'll tell you that stranger things have happened. I believe a scenario like the one I've just painted is going to go down a few times before the Supreme Court looks at it again and overturns their own descision saying "Whups, our bad!"

 

That's nice and all, but:

That won't bring the dead police officer back to life, will it?

That won't get me out of prison for killing a police officer, will it?

 

This scenario is something they should've thought off before they signed off on it.

 

Of course, this is the same country that passed the "Patriot Act" to, as they put it, "Combat money laundering and terrorist activities". In truth, this has been something the US has wanted to be able to do for years: They want to see who has the money, where they have it, and how they're using it.

 

With that in mind, is it any wonder the police can now kick your door open if they feel like it?

 

Welcome to the Police State that America has become.

 

You know, once upon a time we used to be a nation of the free :ermm:

[evilneko]

Wait! Don't throw the Bill of Rights on the bonfire yet--

 

 

....I've got more fuel for it: Indiana Supreme Court: No right to resist illegal police entry.

 

Also, just in case no one's looked yet, have a couple other links that are not blogs to the same story as in the OP. http://news.yahoo.com/s/ap/20110516/ap_on_re_us/us_supreme_court_warrantless_entry and http://www.nytimes.com/2011/05/17/us/17scotus.html

 

So, DarkNinja13 -- looks like if you're getting your sage on, and the cops bust in and you shoot them, you're going to be in a heap of trouble. Even if it was the Indiana Supreme Court that made the decision, other state courts can and often do look for precedent outside their own state. (Granted, for shooting a cop, even one barging into your home, you'd probably still be in a world of hurt regardless of the Indiana decision, but Indiana just made absolutely sure you'd have no wiggle room to get out of it)

 

You may now commence righteous indignation, but don't forget to point some of it at the politicians, by which I mean call, fax, and write. No, not email.

 

Oh, and vote.

[RZ1029]

All I can say is I'm glad I live in North Carolina, where apparently people still make sense most of the time. (Barring the racism issue which is still, unfortunately, very true.)

[HeyYou]

Actually, there would be no legal ramifications to the above scenario, as the two remaining cops would empty their magazines into you. End of problem, so far as they are concerned.

 

The indiana decision is just scary. Basically, they are saying the cops can do whatever they want, and you have zero recourse. Bear in mind, this is the JUDICIAL branch of the government making these statements, so the executive/legislative branches can't say boo about it. If they try, the judiciary can just overturn whatever legislation they pass as "Unconstitutional"...... How's THAT for irony?

 

Welcome to the Big Brother Era. George was right about it, he just had the year wrong.