Are police in the US alowed to knock your door down without anouncing themselves?

Question

It seem they are now thanks to Bush's appointees on the Supreme Court.

Link here: http://www.latimes.com/news/printedition/california/la-ed-police16jun16,1,5618050.story?coll=la-headlines-pe-california

What are your thoughts on this decision?

To Muffin Ann and anyone else who has little respect for civil rights and the Constitution of the United States: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin.

Answer 1

They can now and here in Florida it is legal for a person to shoot if they feel that they are in danger for their life. And you know what, if someone bashed my door down I'd shoot first and ask questions later. I think this may be very bad for all the police trying to do their jobs. What in Gods' name were they thinking? Some idiot right wingers may think this is OK but heaven help the cops.

Answer 2

As much as the recent Court decision seems shocking initially, there may not be reason for any great alarm over this. As at least one respondent points out, we are talking about police who have obtained a search warrant with a judge's approval on it. (Although, when the government basically declares that it also has the power to avoid the warrant system altogether as this President has, this is a small comfort.) It is also within the power of state legislatures to pass laws requiring a knock unless circumstances that must be described in the application for the warrant make it unreasonable. Often, when people dislike a Court decision, it is something that can be fixed by careful legislation, if voters will insist that it happen. Instead of an excuse for divisiveness, we could try to come to a consensus on an actual solution. (Crazy talk of a radical moderate)

Answer 3

That appears to now be the case. Although I have not read the opinion as of yet, the newspaper indicated that a Supreme Court case just rendered a few days ago authorizes the police to enter a residence without first knocking on the door. Such is not an unreasonable entry anymore.

The Bush administration has strived in many areas of federal law to restrict the rights of the citizens. This is another example. Be afraid! Be real afraid!!

Answer 4

Ahhh, the ignorance of the left...never take the word of the media...especially one hostile to Bush. Before you go blabbering about something that you know nothing of you should READ THE ACTUAL CASE.

Police are still required to knock & announce. In this case the police did so, but they didn't wait "long enough" before entering the house. So, before you jabber about a "vast right-wing conspiracy" find out the FACTS...not some liberal bullsh!t.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=04-1360

Some excerpts form the case:

"This case is before us only because of the method of entry into the house. When the police arrived to execute the warrant, they announced their presence, but waited only a short time--perhaps "three to five seconds," before turning the knob of the unlocked front door and entering Hudson's home."

"Wilson and cases following it have noted the many situations in which it is not necessary to knock and announce. It is not necessary when "circumstances presen[t] a threat of physical violence," or if there is "reason to believe that evidence would likely be destroyed if advance notice were given," id., at 936, or if knocking and announcing would be "futile," Richards v. Wisconsin, 520 U. S. 385, 394 (1997). We require only that police "have a reasonable suspicion ... under the particular circumstances" that one of these grounds for failing to knock and announce exists, and we have acknowledged that "[t]his showing is not high."

Etc., etc., etc.

The Supreme Court held that the Knock & Announce was insufficient, but had to decide whether the Exclusionary Rule was applicable.

The Court DID NOT say that the police can just run up, and kick your door in. So, before you jabber about something you know NOTHING of you should KNOW WHAT YOU'RE TALKING ABOUT!

Uneducated morons...just like lemmings jumping into the sea...

Answer 5

Not because of Bush, but the police for 20 years have not been knocking on serving high profile warrants and warrants where thier is a high chance of the suspects being armed or destroying evidnce.

The current ruling is merley agreeing with what every court and every judge for 20 years have already done.

The police could request a specific no knock warrant and were not required to knock.

This merely confirms current practice and for the good of the police. It would be highly dangerous in many cases to have to "knock" first. Many actually have to use cables to pull doors or windows off of the housed, since they are armed with boarded up doors and windows. The first sound they need tohear is crack when the window pulls out of the opening.
Anyone who would want the police to have to risk harm by knockingin many drug raids, merely want harm to happen to police and the crimnal to destory evidnece and are not wanting what is best for our nation

Answer 6

Yes that was the Supremes latest right wing ruling.

Their first was that a person could not be a whistle blower unless they went to the News! Now they can shut up employees about abuses, With no protection, laws can be violated with impunity!

Even if a prosecutor knows a warrant was illegal he can say nothing to anyone!

You should Read David Souter's minority opinion. Of course the vote was another 5 to 4 one!

Answer 7

Yes, thank you this is finally passed. As long as they have enough proof to get a warrent for your home, they can knock down your door. Don't forget they need a warrant from a judge who looks at the evidence first. Why knock on the door? So you have time to flush your drugs down the toilet? Never made sense in the first place. If you have nothing to hide, then you have nothing to worry about.

Answer 8

Discharging a firearm interior of city limits might maximum possibly be an fairly good reason for police to be waiting to pass into into an area of abode with no warrant. regardless of liberal fool varieties like Heather B, there are exigent circumstances which permit for get right of entry to right into a private place of abode with no warrant. In this form of case the place somebody is allegedly discharging a firearm, it would seem lifelike (to particularly everyone with any luck) that this could be a situation the place the police might have the desire to make the alleged suspect secure, to make particular the secure practices of the community. even although, i can regrettably see alot of liberal varieties arguing that the police could desire to look ahead to a seek warrant, allowing the action to proceed in possibility to the community.

Answer 9

This Law should be overturned. Nobody should be allowed to enter your premises without first asking your permission, unless they see you in harm or harmed (and if anything was to be found then it should not be allowed to be used against you as they did not ask to come on your premises). Your land should be your own and any other person is only a guest. The police, the supreme court justices, even mom.

Answer 10

No.They have to have probable cause, witness a crime, see someone in imminent danger, have the person's permission and a warrant. If cops came to your door and asked to come in, a simple no would suffice. Get their badge numbers, look at their ID cards and call the resident precinct or station house to verify that they sent officers to your house.Document the visit and their behavior and keep that as a record just in case something happens.

Answer 11

Yes, and this was in place long before this article. And as far as looking at all the evidence, all they need is someone to say they saw the illegal merchandise, drugs, to get the warrant.

They had to put some new laws in place, because of the actions of terrorist. These laws are made to protect all of us. You have every right, if You are a U. S. citizen, to run for President, if You would like things to change, from the way they are now. Good luck with that terrorism problem, if Your not going to do anything different.

God Bless



In reponse to Your additional details:

No One said that I had Little respect for Civil Rights, or the Constitution of the United States.

I am stating that this is the way the Laws are, and the way they were before this article, that You refer to, was written. You are trying to lead People astray by having them believe that this only, went into effect when Bush decided to implement this Law. I am only telling You, and anyone Who reads Your Question, that that is not true. The only diffenece is before they were only busting in doors for Criminals, now They have broadened the Law to include Those who commit Crimes against Our Country. Why would You be opposed to that?

There are People that need to be arrested, for High Crimes, and yes that is how they go about arresting them, and protecting those around the Criminal, and themselves.

Am I saying that they are always right, no, there has been abundant proof documented, on the wrong doings of incorrent or false warrants, not to mention People at the wrong addresses, having their doors knocked down. Am I Saying that the Police are aways right, no. Am I always right, no. Are You always right no.

But I am not the One complaining about the way that it is. And if You don't like the Current System, do something about it.

I have always tried to be nice, kind, and helpful on this site. But after reading question, after question, putting down Our System, Our Goverment, and Our President, I finally got tired enough to speak up. That is what You do when You see an Injustice, You speak up. Nothing I wrote to You was hurtful, or hateful. I am only stating that if You and Others do not like the Current System, then do something to change it. And if My answer leads You to beieve that I do not respect Civil Rights, or the Constitution? You cound't be More WRONG. In fact, looks like I am more For thoses two, Very Important factors, than You are.

George W. Bush is the President of the Untied States of America, He is Our Commander and Chief, thus so, He is privy to Information that the Public is not privy to, and He makes the decisions He makes based on that information. Do I think they are always right, no, but again, I wans't given all the information that He has been given. And while the War was already in place, He was re-elected into Office. And although I wish Our Troops were home and safe, I respect the job They are doing for us. Do People honestly think Our Troops do not have access to Computers? Do You think They are not able to read all of the questions written against the War, the very war they are risking Their lives to Fight for us in, and how Their too, Commander and Chief are constantly being put down? When I asked a question, asking People to give praise to Our fighting Men and Woman, I got three responses. But You can pose a questions about Bush's wrong doings and You get twenty answers. There is something wrong with this scenario. How good do You think that is for Their moral?

And by the way didn't You ask for Our thoughts?

I would put My Serivice to My Country, and Heartfelt deeds up against Yours anyday. So again if You want Laws changed simply go about it in the right venue and have it done.

There are terrorist within the confines of the U.S., so it was beleived that strictor Laws were needed, to keep Everyone safe. Therefore the tougher Laws were implemented. Why not just realize that apparently Someone is doing something right, because We have Not been attacked. Can You imagine if You were put in charge to Protect Our Country, or anyone for that matter, including myself, how hard it would be to know what to do, where to be, who to keep an eye on, etc....... Perhaps those Laws are keeping You alive, and safe at this very moment.

I was not in anyway putting You down when answering Your question. And issue is like a pancake, no matter how flat, there are always two sides. Someone just needed to present the other side of the question You posed.

So why don't You think about it a lillte longer before You insult Someone's Patriotism, the Love of Their Country, the belief in Civil Rights, and Their understanding and Approval of the Constitution.

May God Bless Our Troops Every Moment of Every Day, and Bring Them Home Safe......

And May We All Give Them the Respect that They deserve.........