[Piggybank Cop]

By GINA HOLLAND
Associated Press
The Supreme Court ruled Thursday that police can use evidence collected with a warrant even if officers fail to knock before rushing into a home.
Justice Samuel Alito broke a 4-4 tie in siding with Detroit police, who called out their presence at a man's door then went inside three seconds to five seconds later.
The case had tested previous court rulings that police armed with warrants generally must knock and announce themselves or they run afoul of the Constitution's Fourth Amendment ban on unreasonable searches.
Justice Antonin Scalia, writing for the majority, said "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."
The court did not say how long police officers must wait after knocking before they enter a home to execute a search warrant.
But suppressing evidence is too high of a penalty, Scalia said, for errors in police searches.
The outcome might have been different if Justice Sandra Day O'Connor was still on the bench. She seemed ready, when the case was first argued in January, to rule in favor Booker Hudson, whose house was searched in 1998.
She retired before the case was decided, and a new argument was held so Alito could participate in deliberations.
Hudson's lawyers argued that evidence against him was connected to the improper search and could not be used against him.
Scalia said that a victory for Hudson would have given "a get-out-of-jail-free card" to him and others.

[conalabu]

Guess that tosses that whole "they have to be able to respond to the door" time limit, huh?

You have to announce your presence?

We should but we don't have to if we think it'll lead to harm or frustrate the purpose of the search.

[Sapper_132]

Yep, we have to knock and announce. Here in Oklahoma we generally have to wait 30 seconds then hit the door.

[TheeBadOne]

This doesn't mean Jack-shit for me, since my Liberal State Supreme court has no problem being more restritive on everything....

[conalabu]

I am thinking NC has CYA, too, bad one.

[TheeBadOne]

Yeah, here's a hint about "my" state.....

A K-9 free-air sniff of an exterior (vehicle/storage shed/etc in public) is not allowable without reasonable suspcion of drug activity prior to the sniff...

[TXCharlie]

Originally Posted by TheeBadOne

Yeah, here's a hint about "my" state.....

A K-9 free-air sniff of an exterior (vehicle/storage shed/etc in public) is not allowable without reasonable suspcion of drug activity prior to the sniff...

That's the stupidest thing I've ever heard.

Well, I'm glad the "No Time to Flush" rule got upheld. Maybe the cops around here will have a few more trials and a few less funerals to go to.

[copiceman15601]

Sweet if you live in a state that won't squash this a mile a way