Court: No-Knock OK In Emergencies Supreme Court Rules That Police Can Enter Homes Without Announcement
(CBS/AP) The The Supreme Court reaffirmed Monday that police can enter homes in emergencies without knocking or announcing their presence.Justices said four Brigham City, Utah, police officers were justified in going inside a home in 2000 after peering through a window and seeing a fight between a teenager and adults.Chief Justice John Roberts, writing for the unanimous court, said that officers had a reasonable basis for going inside to stop violence, even though they could not announce their arrival over the loud noise of a party."The role of a peace officer includes preventing violence and restoring order, not simply rendering first aid to casualties; an officer is not like a boxing (or hockey) referee, poised to stop a bout only if it becomes too one-sided," Roberts wrote.The decision overturned a ruling by Utah's Supreme Court that said a trial judge was correct to throw out charges stemming from the police search. The trial judge ruled that police had violated the Fourth Amendment's prohibition against unreasonable searches by failing to knock before entering the house.When the adults realized the officers were inside the house, they allegedly became abusive and were charged with disorderly conduct, intoxication and contributing to the delinquency of a minor ? all misdemeanors.In a separate opinion, Justice John Paul Stevens said that Utah courts could still find that the police entry was unreasonable under Utah's constitution. He called it "an odd flyspeck of a case," and said he was unsure why courts had spent so much time on a matter involving minor offenses.
Seems like a good way for a police officer to get shot by the home owner. Before everyone gets all excited, and we start a flame war, I'm just saying if you barge into a mans house unannounced, you can expect to get shot at.
Granted the cop will probably with the battle if he's wearing a vest, and the homeowner will end up dead. Wonderful system! :roll:
No knocks are an everyday thing. Probably 40% to 50% or ours are no knock. I agree with your concern about barging in but the idea is that you generally aren't going into the home of the regular Joe Schmoe. It's usually requested when there's a risk of an armed confrontation or when evidence will possibly be destroyed quickly.
The reality too is that you start yelling police search warrant as soon as the door is open anyway. It's more of a request to forego the waiting and knocking for the few seconds that gives them time to get their act together and formulate a plan. It's not like you kick the door in (or pick it) and sneak in without announcing who it is.
Even without a no knock they generally don't open the door anway and it comes open one way or another.
Mancow go to 3rd post and you can or should be able to read the post I was just commenting on the wording of parts of it I am Pro Law Enforcement more sarcasim toward the attorneys and courts.....................hoser147
I somehow missed the article that RayK posted in the thread.
It's the old exigent circumstances rule.
A similar thing happened to me. We rolled up on a call of someone yelling. Nobody would come to the door. We looked through a window where the sound was loudest and saw a woman with a bunch of children huddled. She was screaming and chanting and scaring the hell out of them, and was obviously out of her mind. We ended up kicking it in and got her separated from them. She got a free ride to the State mental hospital later on that night.