Knock-and-announce rule softened in latest Supreme Court decision
Jun 16, 2006
Last updated on May 12, 2016 at 03:22 a.m.
By GINA HOLLAND
The Associated Press
WASHINGTON – 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.
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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 conservative majority said that police blunders should not result in “a get-out-of-jail-free card” for defendants.
Dissenting justices predicted that police will now ignore previous court rulings requiring officers with search warrants to knock and announce themselves to avoid violating 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.
Justice Anthony M. 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.
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.


