Actually, that wasn't the ruling. But close.
The actual ruling was that if the police had a proper warrant, then anything they obtained in the search would have been inevitably discovered during the course of the search. Therefore, even if they violate established requirements for knock-notice (which remain in effect), that doesn't require the evidence to be excluded.
In other words, prior to the recent ruling, there were two reasons for police to knock. First, it's good public policy, in that it doesn't scare people, and doesn't cause property damage that the police department would have to pay for. Second, violation of knock-notice provisions used to be considered 4th Amendment violations that required exclusion of evidence obtained.
Per the new ruling, as long as the entry is pursuant to a valid search warrant, the second reason no longer applies. But the first still does, which is why most police forces still have knock-notice as a required procedure.
2006-08-03 16:20:18
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answer #1
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answered by coragryph 7
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The only thing the ruling did was to do away with the require of knocking before entering the house with a warrant. In other words, a judge has already reviewed the application by the police and determined probably causes exists. So where then is the harm or infringement on our rights? None.
2006-08-03 23:42:52
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answer #2
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answered by Carl 7
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Yes. Definitely. It reduces the likelihood that some violent thug will get off on a technicality.
And, actually, the police did not have to knock in many situations before the ruling. The recent ruling does not represent a change from prior law or a surpise. It was more of a minor refinement.
2006-08-03 21:41:39
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answer #3
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answered by dizneeland 3
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I have several comments on this.
1. The problem with your questions is that you fail to mention that the police must have a search warrant and to have a search warrant they must have probable cause.
2. Its been proved that advance notice has resulted in evidence being destroyed. (Would you prefer the crooks to get off free?)
3. In some situations, the police are put at more risk if they give the bad guys a chance to get ready for them.
4. Bottom line, if you're innocent, you don't have anything to worry about.
It is amazing to me how the people who put their lives on the line to keep us safe are trashed by so many people. Some police are not perfect, I admit that, but not having them to protect the "good guys" would make our lives chaos.
TX Guy
2006-08-03 21:51:46
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answer #4
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answered by txguy8800 6
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that is frightening! what some don't understand is the criminals that get there doors knocked in usually make a deal and are let back on the streets. so why all the dramatics? and the government don't care if they happen to knock down the wrong door, it's in the best intrest of the people?. it's ashame we have let this go on and keep letting it go on.how do we stop a greedy government with no morals and abuse our children in the process of "the best intrest of the child". our government is acting like a bunch of crazed dope addicts.
2006-08-04 00:46:34
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answer #5
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answered by nellie 3
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oh sure, I will sleep much better tonight... ha!
This country is slowly becoming a police state ... they can take your property, that your family might have lived on for a hundred years simply because they (the government) feels they have a better use for it, than your living on it... some city governments tell you that you can't smoke in your car as you pass through their city. Our freedoms are slowly being eroded away and the US citizen is letting them do it, like sheep being lead to the slaughter
2006-08-03 21:46:59
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answer #6
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answered by msfyrebyrd 4
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I hope that this is a joke because if not there is going to be a lot of police that will be shot I tell you
2006-08-03 21:49:57
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answer #7
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answered by Anonymous
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a few wrong addresses have scared the heck out of a lot of people. but on the other side.. criminals do not get much time to flush the drugs..or cock their guns. there is always two sides... but it is scary when you are an innocent person..and are awakened like that.
2006-08-03 21:43:22
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answer #8
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answered by Anonymous
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just build a safe room supreme court don't have to worry they got the whole force to protect them
2006-08-03 21:59:03
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answer #9
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answered by HEY boo boo 6
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We are a police state and this country is becoming more communist. They want to control what your kids eat at school, control the smoking, what control your weight next? Where's our FREEDOM?
2006-08-03 21:53:11
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answer #10
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answered by sexymama 4
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