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U.S. Constitution 4th Amendment Nullified - Police Illegal Activity Does not Bar evidence!

 
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06/15/2006 10:45 PM
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U.S. Constitution 4th Amendment Nullified - Police Illegal Activity Does not Bar evidence!
Illegal Police Entry Doesn't Bar Evidence, Court Says 15 Jun 2006 Prosecutors can use evidence seized by police during a home search even though officers violated the Constitution by failing to knock or announce their presence before entering, the U.S. Supreme Court ruled. end
[link to www.legitgov.org] _________________________________________________________

Illegal Police Entry Doesn't Bar Evidence, Court Says (Update2)

June 15 (Bloomberg) -- Prosecutors can use evidence seized by police during a home search even though officers violated the Constitution by failing to knock or announce their presence before entering, the U.S. Supreme Court ruled.

The justices, voting 5-4 in a Michigan case, today put new limits on the so-called exclusionary rule, which in some circumstances bars prosecutors from using the product of an illegal search. The majority said the exclusionary rule doesn't apply to violations of the ``knock and announce'' requirement for home searches.

``Resort to the massive remedy of suppressing evidence of guilt is unjustified,'' Justice Antonin Scalia wrote for the court. Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Anthony Kennedy and Samuel Alito joined Scalia's majority opinion.

Justices John Paul Stevens, Stephen Breyer, Ruth Bader Ginsburg and David Souter dissented.

``The court destroys the strongest legal incentive to comply with the Constitution's knock-and-announce requirement,'' Breyer wrote for the four dissenters.

The dispute may have been one in which Alito's vote decided the outcome. The court heard arguments in the case twice, the first time in January with now-retired Justice Sandra Day O'Connor on the bench. During that session, O'Connor said she was concerned about the ``sanctity of the home.''

Second Session

Three weeks later the Senate confirmed Alito to replace O'Connor. The court later scheduled a second argument session so that Alito could take part.

Alito's decision to join the majority left Kennedy at the center of the court -- a position that might become familiar territory for him with the court's current composition. Kennedy wrote separately to say the ruling ``should not be interpreted as suggesting that violations of the requirement are trivial or beyond the law's concern.''
more at link
[link to www.bloomberg.com] edited to 50%
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Comment:

U.S. (aka Useless) Constitution: Fourth (suggestion) Amendment - Search and Seizure
Amendment Text | Annotations

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
[link to caselaw.lp.findlaw.com]
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That God Damn piece of paper (aka the Constitution) just keeps getting more and more useless! Just like the eaters that depend on it as a shield.
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Last Edited by SPUD on 09/01/2011 09:20 PM





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