I step away from the blog for a bit and the supreme court pounds away some more.
Bloomberg.com:
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.
Basically, evidence can be used against you if the police screw up by not knocking. This goes against the exclusionary rule which stated that evidence obtained unconstitutionally was invalid and could not be used. In other words, no-knock warrants will soon be standard operating procedure.
We have police who cannot legally be held to account for violating the provisions of the constitution. And we now will no longer exclude evidence obtained via violation of the constitution. So, in such a case, your recourse is non-existent.
Fuckers.
As to the details:
In the Michigan case, prosecutors opted not to argue that the entry into Hudson’s home was constitutional, instead contending that the exclusionary rule shouldn’t apply to knock- and-announce violations. The state, backed by the Bush administration, argued that those types of police errors don’t enable officers to seize additional evidence.
Scalia agreed, saying the connection between the manner in which police enter a home and the evidence they discover is too weak to warrant application of the exclusionary rule. He said the knock-and-announce rule doesn’t protect “one’s interest in preventing the government from seeing or taking evidence described in a warrant.”
That’s not an error. It is intentional.