-------- Original Message --------
Subject: Re: No Knock Searches
Date: Fri, 16 Jun 2006 03:55:38 EDT
From: TvFields@aol.com
To: tom@cherokeetel.com
Tom,
I expect this ruling might lead to more frequent physical encounters between police and innocent individuals who are abruptly surprised by the police.
On the other hand, I appreciate some of the concerns/issues reported this evening by the news. For example, I appreciate the danger that the police practically invite while waiting at the door for a violent criminal to welcome them into his home. With this in mind, it might make sense to require substantial evidence at the time the search warrant is granted that the target of a No Knock Search is a violent criminal. Even so, such a requirement should be imposed by the legislature, not the courts. With this in mind, I am inclined to let the legislature share the blame for the faults in this ruling, since it is my opinion that our legislature fails to do what it should do legislatively to provide protection against all kinds of abuses ...
Is a No Knock Search necessary to prevent a criminal from destroying evidence? I am inclined to address this concern in much the same way that several years ago I would have addressed the issue raised in the Food Lion lawsuit against 60 Minutes. In particular, I would require the individuals requesting such a search to be held accountable if the search for evidence turns up empty. This would encourage such searches to be limited to such cases that the requesting individuals are so certain that the search is needed and will turn up the expected evidence that they are willing to risk their careers, freedom, etc.
Finally, I am angered by such arguments as that innocent victims can seek remedy by means of a civil lawsuit. I would however be more inclined to accept this if the constitution guaranteed everyone a universal right to present without impediment their evidence of injury due to neglect and/or wrongdoing to a jury which is empowered and obligated to investigate, judge and remedy legitimate complaints.
Sincerely,
Tom Fields
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Justices Allow No-Knock Searches
Civilrights.org, DC - 3 hours ago
... trial even if police failed to knock and announce their presence, the Supreme Court ruled Thursday in a major shift in its rulings on illegal searches by police ...
GOOGLE: NO KNOCK SEARCHES
Drugs or other evidence seized at a home can be used in a trial even if police failed to knock and announce their presence, the Supreme Court ruled Thursday in a major shift in its rulings on illegal searches by police.
The 5-4 decision in a Detroit drug case undercuts a nearly century-old rule that says evidence found during an unlawful search cannot be used. The decision also offers a sign that the court might be more apt to strengthen the hand of police with Justice Samuel Alito in the place of retired justice Sandra Day O'Connor.
O'Connor, who was on the court when the case was first argued, had worried about "the sanctity of the home."
Click here for full story >>
http://www.civilrights.org/issues/cj/details.cfm?id=44372
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