Indoor plumbing still jeopardizes fourth amendment
Via one of the Volokhs (they all look the same, ya know), comes this:
Officers executing a warrant to search for cocaine in respondent Banks’s apartment knocked and announced their authority. The question is whether their 15-to-20- second wait before a forcible entry satisfied the Fourth Amendment and 18 U. S. C. §3109. We hold that it did.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
15 to 20 seconds? I’m sitting at home in my Spiderman Underoos and want to put something nice on for the people knocking at my door. Think I can do it in 15 to 20 seconds? I think maybe the reasonableness of 15 to 20 seconds is a bit off.
The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.
Doesn’t seem anyone could refuse admittance in 15 to 20 seconds either.
December 2nd, 2003 at 1:32 pm
The court said the reasonableness inquiry in this case is not how long it takes someone to open the door, but rather how long it takes him to destroy the evidence (the police are seeking).
December 2nd, 2003 at 3:40 pm
The fourth amendment is so September 10, anyway. Doesn’t the PATRIOT act make the fourth passe?
December 2nd, 2003 at 4:49 pm
If he had made it to the door in 19 seconds thru the expedient of not dressing, would they then have charged him with indecent exposure?