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The Supreme Court made it easier Thursday for police to
barge into homes and seize evidence without knocking or waiting,
a sign of the court's new conservatism with Samuel Alito on board.
The court, on a 5-4 vote, said judges cannot throw out evidence collected
by police who have search warrants but do not properly announce their arrival.
It was a significant rollback of earlier rulings protective of homeowners,
even unsympathetic homeowners like Booker Hudson, who had a loaded gun next
to him and cocaine rocks in his pocket when Detroit police entered his
unlocked home in 1998 without knocking.
The court's five-member conservative majority, anchored by new Chief Justice
John Roberts and Alito, said that police blunders should not result in
"a get-out-of-jail-free card" for defendants.
Dissenting justices predicted that police will now feel free to ignore
previous court rulings requiring officers with search warrants to knock
and announce themselves to avoid running afoul of the Constitution's
Fourth Amendment ban on unreasonable searches.
"The knock-and-announce rule is dead in the United States," said David
Moran, a Wayne State University professor who represented Hudson.
"There are going to be a lot more doors knocked down. There are going to
be a lot more people terrified and humiliated."
Supporters said the ruling will help police do their jobs.
"People who are caught red-handed with evidence of guilt have one
less weapon to get off," said Kent Scheidegger, legal director of
the Criminal Justice Legal Foundation.
The case provides the clearest sign yet of the court without Justice
Sandra Day O'Connor.
Hudson had lost his case in a Michigan appeals court. Justices agreed
to hear his appeal last June, four days before O'Connor's surprise
announcement that she was retiring.
O'Connor was still on the bench in January when his case was first
argued, and she seemed ready to vote with Hudson. "Is there no policy
of protecting the home owner a little bit and the sanctity of the home
from this immediate entry?" she asked.
She retired before the case was decided, and a new argument was held
this spring so that Alito could participate, apparently to break a 4-4
tie.
Four justices, including Alito and Roberts, would have given prosecutors
a more sweeping victory but did not have the vote of Justice Anthony M.
Kennedy, a moderate conservative.
Ronald Allen, a Northwestern University Law professor, said the ruling
"suggests those four would be happy to consider overturning" a 1961
Supreme Court opinion that said evidence collected in violation of the
Fourth Amendment cannot be used in trials. "It would be a significant
change," he said.
Kennedy joined in most of the ruling but wrote to explain that he did
not support ending the knock requirement. "It bears repeating that it
is a serious matter if law enforcement officers violate the sanctity of
the home by ignoring the requisites of lawful entry," he said.
Kennedy said that legislatures can intervene if police officers do not
"act competently and lawfully." He also said that people whose homes are
wrongly searched can file a civil rights lawsuit.
Justice Antonin Scalia, writing for the majority, said that there are
public-interest law firms and attorneys who specialize in civil rights
grievances.
Detroit police acknowledge violating the knock-and-announce rule when
they called out their presence at Hudson's door, failed to knock, then
went inside three seconds to five seconds later. The court has endorsed
longer waits, of 15 seconds to 20 seconds. Hudson was convicted of drug
possession.
"Whether that preliminary misstep had occurred or not, the police would
have executed the warrant they had obtained, and would have discovered
the gun and drugs inside the house," Scalia wrote.
Four justices complained in the dissent that the decision erases more
than 90 years of Supreme Court precedent.
"It weakens, perhaps destroys, much of the practical value of the
Constitution's knock-and-announce protection," Justice Stephen Breyer
wrote for himself and Justices John Paul Stevens, David H. Souter and
Ruth Bader Ginsburg.
Breyer said that while police departments can be sued, there is no
evidence of anyone collecting much money in such cases.
The case is Hudson v. Michigan, 04-1360.
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