From www.latimes.com:
WASHINGTON — The Supreme Court on Monday gave police more leeway to break into residences in search of illegal drugs.
The justices in an 8-1 decision said officers who loudly knock on a door and then hear sounds suggesting evidence is being destroyed may break down the door and enter without a search warrant.
Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, said Justice Samuel A. Alito Jr.
In a lone dissent, Justice Ruth Bader Ginsburg said she feared the ruling in a Kentucky case will give police an easy way to ignore the 4th Amendment. "Police officers may not knock, listen and then break the door down," she said, without violating the 4th Amendment.
In the past, the court has said police usually may not enter a home unless they have a search warrant or the permission of the owner. As Alito said, "The 4th Amendment has drawn a firm line at the entrance to the house."
Holy moly!!!! Good-bye 4th Amendment. It's really easy for the police to say they had "probably cause", which is extremely subjective. Not happy with this ruling!
Posted by: Gia Lugo | May 20, 2011 at 10:34 AM
Some people will use the old adage, "If you're not doing anything wrong, you don't have anything to worry about". The potential for abuse is huge. I can't believe that there hasn't been a broader negative reaction to this ruling.
Posted by: Steve Behmerwohld | May 21, 2011 at 09:04 AM
This is a bit alarming. The problem is not so much in the concept as it is in the implementation: Check out this story from Pima County, AZ, in which the Sheriff's Department used the exact technique approved by the court to serve a search warrant -- on a location (not a person):
http://goo.gl/QCJ9w
These results were disastrous.
Regardless of your political views, we can all agree that something went seriously wrong here. The court should be more cautious. Judge Alito seems to believe that the police can see through walls and are able to determine when "noise" "suggests" that "evidence" is being destroyed. Perhaps Judge Alito would offer an opinion on who is to blame when the police guess wrong?
This ruling creates a threshold for police action which is unacceptable and may even lead to more injury of officers during the inevitable confrontations that will occur when a door is broken down.
Posted by: Jim Reardon | May 22, 2011 at 12:47 AM
Try to break my steel door. It's burglar-proof, so I assume it's police-proof too!)
Posted by: Protection one security | June 23, 2011 at 01:18 PM