-Caveat Lector-

Begin forwarded message:

Date: June 21, 2006 7:36:27 PM PDT
Subject: Supreme Court's No "Knock-Knock" Joke

Pittsburgh Tribune-Review 
 

'Knock & announce': Scalia fumbles

 
 
[Newspaper owned by GOP "Daddy Warbucks"
Richard Mellon-Scaife]
Wednesday, June 21, 2006
U.S. Supreme Court Justice Antonin Scalia has written a 5-4 decision that does grave injury to the age-old principle that one's residence is a hallowed refuge against the king.

With a warrant, police found drugs and a firearm in a home. Without dispute, police violated the common law "knock and announce" rule that ordinarily requires a decent interval after officers announce their presence before they may enter.

This is part of what defines a "reasonable" search under the Fourth Amendment.

The defendant invoked the "exclusionary rule," which deters police misconduct by excluding from evidence items seized in an illegal search.

Mr. Justice Scalia said the evidence stays: The violation was minimal when set up against freeing a criminal.

Scalia writes that a civil-rights lawsuit against the police is the better remedy. Police are better trained and disciplined these days, he contends, so the exclusionary rule is not necessary to deter them in this kind of case.

He and we depart. Scalia takes the erosion of the sanctity of the home too lightly.

If, as Scalia says, the police are well-trained, there will be few occasions when they misbehave and evidence must be excluded. Thus, the social costs will be limited.

We expect the police -- of all people -- to obey the law. And we don't expect the court to concoct excuses when officers subvert a fundamental right.


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