The supreme court just ruled that the police no longer have to knock on your door if they have a warrant for your arrest. They can basically just come and kick the door in.
Let's say the police have probable cause and get a warrant for someone's arrest. So they come and kick the door in which freaks out the occupant who then grabs his shotgun and blows the cop away. Let's also say that it turns out that the probable cause was in error, that the occupant of the house did no wrong, or there was a case of mistaken identity. Or, maybe it was the guy's oldest son, who had nothing to do with any illegal activities.
Does the occupant/shooter get in big trouble for now killing a cop? He does have the right to bear arms and protect his property. It seems to me that the police would be protecting themselves in a sense by knocking on the door.
I know this is an unlikely scenario and the police probably aren't going to go on a door bashing spree. But there's always plenty of what if?
2006-06-15 08:45:15 · 5 answers · asked by scott j 3 in Politics & Government ➔ Law Enforcement & Police
The court did not rule that they do not have to knock, but that evidence obtained if they do not knock should not be excluded, because it would have been obtained anyway. Violating the knock rule would be subject to civil rights lawsuits and department censure/discipline.
2006-06-15 08:54:32 · answer #1 · answered by James 7 · 5⤊ 2⤋
Yes, the probable cause is valid, ( even if there is no evidence of a crime, as long as there was probable beleif that one could have happened there according the warrant request.
As long as legally signed ( and just a note, most warrants were always issues at least in our areas are "no knock warrant" on any high profile raid. So this only makes what they have been doing for years constitutional legal.
Remember it took years for a case to get to the supreme court, so police have done this for years and years already, so no new change in any law is in effect, just that it is ok to use the ones they are using.
So if a person shoots a police officer in a raid ( if they are not just killed with a dozen officers shooting them) they will be tried for felony murder with a death penalty in states allowing it)
2006-06-15 18:05:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Let me give you a more likely scenario. A violent psychokiller is sleeping off his latest crack binge in his girlfriends section 8 housing. The police know he is there and want to arrest him because of several murders he committed. Because of the warrent issue, they have to knock on the door and clearly identify themselves. He grabs his girlfriends baby out of the crib to use as a human shield and starts blasting away.
Unlike your scenario, this sort of thing happens quite alot. Luckily, they now have no knock searches for high risk cases. Instead of his having time to grab a gun and kill innocent people, he gets surprised in his bed.
2006-06-15 16:01:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
only problem, they police do have to announce themselves weather or not a knock is required is now a moot issue. So if you hear a guy yell police and you don't hear a knock well they are still comming in. The point is who cares, if the police walk up to your door and you are jamming to hendrix and they tap on the door you get the same result.
2006-06-15 15:49:08 · answer #4 · answered by the_iceman54 1 · 0⤊ 0⤋
A person has to be a threat to your person
before you shoot them.
Find out who they are before you start shooting.
2006-06-15 16:16:35 · answer #5 · answered by elliebear 7 · 0⤊ 0⤋