Now that they have the majority, the Conservatives sitting on the Supreme Court are becoming more bold. Especially in issues of restricting our rights to privacy. The latest issue has to do with the so-called "knock and announce" rule that was (notice past tense) to be used when serving search warrants.
The U.S. Supreme Court on Thursday substantially diminished Americans' right to privacy in their own homes. The rule that police officers must "knock and announce" themselves before entering a private home is a venerable one, and a well-established part of Fourth Amendment law. But President George W. Bush's two recent Supreme Court appointments have now provided the votes for a 5- to-4 decision eviscerating this rule.Source: New York Times
You see, in a Michigan case, the police announced themselves, but did not knock and entered the house. They seized a gun and some drugs. The Supreme Court ruled yesterday that this evidence was admissible in court, despite a precedent set in 1914.
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.
Source: Associated Press
It is a segment of the population that is not popular to defend; but still, this is a loss of basic Civil Rights that have been recognized for nearly a hundred years that the Supreme Court overturned. Talk about activist judges.
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They sure are pretty active so far with eroding my rights...first denying whistleblowers protection and now allowing police to enter without knocking. There are procedures for collecting evidence that MUST be in place to protect those against police officers (because a badge doesn't make you perfect).
I guess the whole situation seems so ironic. Aren't republicans supposed to be for less government? -- and yet the two big supreme court cases that I mentioned above are for MORE government.
Sandra Day O'Connor was a strong supporter of the "knock and announce" policy, but alas, she is no longer there to defend it. It's almost frightening to think about how extremely conservative the Supreme Court is nowadays. What will they do next?
The Court did not "repeal" the "Knock and Announce" rule. The case had to do with the admissibility of evidence in certain circumstances. Rules of evidence are a weak tool for protecting privacy rights anyway -- if you're not charged there's no evidence to contest! If you honestly think there is a danger of cops bursting into your bong party, then contact your legislators to make sure your state has effective rules and disciplinary procedures in place -- and stop whining over the Supremes.
The Court did not have to repeal the "Knock and Announce" rule, it did worse: The Court threw away ninety years of Supreme Court decision and set new precedent. In law, precedent is all, and it is being used to blithely erase one more of our privacy and safety rights. The only whining I hear is the tone of your message, a whining that some of us have the courage to express outrage when justice is being morphed into power, and by our own Justices.
Stop whining when some of the most powerful people in the country set new precedents that effectively shut down a law that has been in effect for 90+ years?
The whole, "if you're innocent, you have nothing to worry about" argument is tired and dumb. It's not about the innocence, it's about the rights that we were given in our Constitution and that we fought for over the years, whether it be in wars or in movements like the Civil Rights movement.
How can you not be concerned about increasingly eroded rights? It's silly and misguided not to be concerned.
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There is nothing more powerful than an idea whose time has come.
Wow this country just gets crazier and more dictator like every day.
Is getting frayed and the american people are being constantly poked as if in mere jest but yet no one cries this is INJUSTICE. Sure a few select papers, or other forms of media may state something here and there but I ask this Where are the people, where are our fore-fathers children? If you dont like something about this policy or other enactments of curbing our AMERICAN BIRTH-RIGHTS, or civil rights then please do SOMETHING ABOUT IT.
Lets march the streets, write to our congressmen or women, and let our voices be heard this administration is a MOCKERY.
I did not know they dimisnshed that law.. I was just thinking of this same matter as a police officer just walked in the front door of my house. However, my house is known to be a party house. I still think it is a total violation to just walk right in and not even knock . I mean what happens if someone were indecent. Afterall it is their own home to do in as they please.