SCOTUS officially kills the 4th Amendment today.

[Anti Federalist]

Well, that's pretty much the end of any semblance of privacy within your own home.

Now, all cops have to do is say they smelled dope, and say they heard "scurrying" in the house. (Damn right I'm going to be "scurrying" if Officer Friendly shows up at my front door unannounced)

Is there anybody willing to argue that we have not "crossed the Rubican" and are living in full blown, head on, police state?



Supreme Court gives police leeway in home searches

http://www.latimes.com/news/nationworld/nation/la-na-court-search-20110517,0,6746878.story

By David G. Savage, Washington Bureau

May 17, 2011
Reporting from Washington—

The Supreme Court gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed.

Ruling in a Kentucky case Monday, the justices said that officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs.

Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, said Justice Samuel A. Alito Jr. for an 8-1 majority.

In her dissent, Justice Ruth Bader Ginsburg said she feared the ruling gave police an easy way to ignore 4th Amendment protections against unreasonable searches and seizures. She said the amendment's "core requirement" is that officers have probable cause and a search warrant before they break into a house.

"How 'secure' do our homes remain if police, armed with no warrant, can pound on doors at will and …forcibly enter?" Ginsburg asked.

An expert on criminal searches said the decision would encourage the police to undertake "knock and talk" raids.

"I'm surprised the Supreme Court would condone this, that if the police hear suspicious noises inside, they can break in. I'm even more surprised that nearly all of them went along," said John Wesley Hall, a criminal defense lawyer in Little Rock, Ark.

In the past, the court has insisted that homes are special preserves. As Alito said, "The 4th Amendment has drawn a firm line at the entrance to the house." One exception to the search warrant rule involves an emergency, such as screams coming from a house. Police may also pursue a fleeing suspect who enters a residence.

The Kentucky case began when police in Lexington sought to arrest a man who had sold crack cocaine to an informer. They followed the man to an apartment building, but lost contact with him. They smelled marijuana coming from one apartment. Though it turned out not to be the apartment of their suspect, they pounded on the door, called, "Police," and heard people moving inside.

At this, the officers announced they were coming in and broke down the door. Instead of the original suspect, they found Hollis King smoking marijuana and arrested him. They also found powder cocaine. King was convicted of drug trafficking and sentenced to 11 years in prison.

The Supreme Court ruled in Kentucky vs. King that the officers' conduct "was entirely lawful," and they were justified in breaking in to prevent the destruction of the evidence.

"When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen may do," Alito wrote. A resident need not respond, he added. But the sounds of people moving and perhaps toilets being flushed could justify police entering without a warrant.

The ruling was not a final loss for King. The justices said the Kentucky state court should consider again whether police had faced an emergency situation in this case.

[Carehn]

The 4th amendment is such and old fashioned idea. We live in much more civilized world now and don't have time for the silly ideas of the past.

[Inkblots]

The Supremes also managed to further gut the Fifth Amendment, by declining to hear an appeal of the Ninth Circuit's decision in Mohamed et al v. Jeppesen Dataplan: http://prospect.org/csnc/blogs/adam_serwer_archive?month=05&year=2011&base_name=scotus_rejects_extraordinary_r

No recourse of law for you, mundane! State secrecy must be protected, while trifling matters like being abducted and tortured shouldn't trouble you. The High Court is really on a roll lately.

[Reason]

http://www.youtube.com/watch?v=AAFRicTdf-M

[cindy25]

8-1 ?

[freshjiva]

Is there anybody willing to argue that we have not "crossed the Rubican" and are living in full blown, head on, police state?



Well, I'd say that we're not living in a full blown, head on, police state, for the simple fact that these Statist policies are being presented in a way to convince the masses that its for their own good, and that Government is on the side of the People.

I'd refer to this more as "soft tyranny". But, the worst part about this, is that soft tyranny is far worse than explicit tyranny in many ways, primarily because it creates a nation of sheep who are brainwashed into believing the State is their best friend. At least under a dictatorship like under Saddam Hussein or Qaddafi, people are at somewhat of a consensus that their respective dictators are pieces of shit.

[BeautifulWorld]

It was flat out murder and I didn't hear a one of them call for medical help.

[affa]

i hope you're not going to the bathroom when they knock on your door, because if you flush they're going to bust down your door and hand you a beatdown.

[affa]

http://www.youtube.com/watch?v=AAFRicTdf-M

if i didn't feel ill after watching that vid, i do after reading some of the comments.

[TheNcredibleEgg]

In an unrelated news story:






New Hearing Test for Police Recruits

A hearing test was administered to all new police recruits - effective immediately. Various sounds are played with recruits standing behind one inch thick wood blocks. The police officer must correctly name all sounds before graduation and receiving their badge. We were allow to listen in to one recruit's session:

First sound: A tv playing in background.

Recruit: I'm not sure - but it sort of sounds to me like a toilet flushing.

Second sound: Some footsteps approaching calmly.

Recuit: Sounds like a toilet flushing again.

Third sound: A peephole being flicked open.

Recruit: Hmmm - tough one. Let's go with toilet flushing?

Fourth sound: A deadbolt being unlocked.

Recruit: Oh, that's a toilet.

Fifth sound: Someone clearly asking "who's there?"

Recruit: Too easy. Toilet flushing. For sure.

Administrator: Congrats - perfect score! Five for five. Here's your badge and gun. Now go serve and protect.

[ItsTime]

I guess this is an important lesson in the 2nd amendment.

[Brian4Liberty]

http://www.youtube.com/watch?v=AAFRicTdf-M

This is an obvious case of a psychotic break with reality. The "officer" can not tell the difference between the real world and a video game, which he appears to think he is playing.

[ChaosControl]

Who would have ever thought that Ginsburg would be the voice of reason in a scotus case.
So much for the "conservative" judges being worth anything. Just like with politicians in general "conservative" and "liberal" judges are meaningless b.s. concepts used to control sheep.

[Rothbardian Girl]

You go, Ginsburg!

The first and (probably) last time I'll ever say that.

[aGameOfThrones]

Posted: http://www.ronpaulforums.com/showthread.php?293383-SCOTUS-Hates-on-the-Fourth-Some-More/page2

[Pericles]

You go, Ginsburg!

The first and (probably) last time I'll ever say that.

I was shocked ..... and amazed.

[heavenlyboy34]

http://www.youtube.com/watch?v=AAFRicTdf-M
:eek: :mad: :(

[payme_rick]

Fuck the scrotus,

I can think of eight people right now that need to be drug into the streets from atop their benches and pissed all over... No flushing required... "I caught a wiff of tyranny as I walked by your steps..."

[kahless]

http://www.youtube.com/watch?v=AAFRicTdf-M

I wish I had not read some of the youtube comments. Depressing reading the comments of those defending the actions of police.

[iGGz]

This is just going to end to a lot more innocent people being killed and cops being killed. So now a cop can just break into your house any time he wants if he says that he heard something. I can't even fathom how they decided this.

[Kylie]

What kind of fucked up logic would lead a person to believe they have the right to break into someone's home?

At least the criminals will admit they do it to help themselves....they don't try to mindfuck you into thinking it's for your own good.

What a world we live in. Honest criminals and deviant law enforcement.

[KingRobbStark]

And people wonder why the south declared independence. For all you noobs out there, it wasn't slavery.

[A Son of Liberty]

Well, I'd say that we're not living in a full blown, head on, police state, for the simple fact that these Statist policies are being presented in a way to convince the masses that its for their own good, and that Government is on the side of the People.

I'd refer to this more as "soft tyranny". But, the worst part about this, is that soft tyranny is far worse than explicit tyranny in many ways, primarily because it creates a nation of sheep who are brainwashed into believing the State is their best friend. At least under a dictatorship like under Saddam Hussein or Qaddafi, people are at somewhat of a consensus that their respective dictators are pieces of shit.

I was getting ready to post a heated reply to your first paragraph, but then I read your second paragraph and noticed you said everything I was about to... ;) :D

[A Son of Liberty]

http://www.youtube.com/watch?v=AAFRicTdf-M

So, when a person finds their door broken in, and they reasonably and rationally seek to defend themselves, not knowing who the intruder is, they're justifiably (under the "law") pushing up the daisies..?

Land of the Free!!!1! Hurray for the USA!

Sweet, weeping baby Jesus...

[anaconda]

So Ron Paul should introduce an a law that specifically forbids a law enforcement officer from entering a residence based upon smell, scurrying, and toilet flushing. Or, what is the right approach? Lets get something together.

[anaconda]

And the cops planting evidence will now be a breeze. and will hold up in court I imagine.

[satchelmcqueen]

what happens if you shoot and or kill a cop after he kicks in your door? i know they will throw you in jail, but how can self defense not hold up?

[LibForestPaul]

Don't forget, Kentucky Supreme court REVERSED

[anaconda]

Don't forget, Kentucky Supreme court REVERSED

When? Link?

[jmhudak17]

this is disgusting

[tropicangela]

Adam vs. The Man
Supreme Court OKs warrantless searches, War on drugs, LEAP


http://www.youtube.com/watch?v=CwcMOxO2yG8&feature=autoshare

[Napoleon's Shadow]

http://www.youtube.com/watch?v=Dnam3SR_POQ

[specsaregood]

So the moral of this is: don't be caught taking a crap when the police knock on your door.

[kah13176]

You gotta hand it to Obama...he sure did a great job appointing those new "living document" progressives.

[Brian4Liberty]

You gotta hand it to Obama...he sure did a great job appointing those new "living document" progressives.

Yep, this "situation" needs to be pointed out to Obama supporters. And used against all Senators that voted to confirm Sotomayor and Kagen.

[Lucille]

The fact that Americans aren't storming Washington over this, and running them all out of town on a rail, speaks volumes.

[Dr.3D]

So the moral of this is: don't be caught taking a crap when the police knock on your door.

Well, at least don't flush when someone is knocking on the door.

[tropicangela]

Judge Nap

Resisting the State
May 17, 2011- 3:00 -
Judge Napolitano explains why the decision to allow police officers to break into homes on suspicion of illegal activity is wrong and that citizens should fight back against this unconstitutional SCOTUS decision.

http://video.foxbusiness.com/v/4699339/resisting-the-state/

[heavenlyboy34]

Judge Nap

Resisting the State
May 17, 2011- 3:00 -
Judge Napolitano explains why the decision to allow police officers to break into homes on suspicion of illegal activity is wrong and that citizens should fight back against this unconstitutional SCOTUS decision.

http://video.foxbusiness.com/v/4699339/resisting-the-state/
The only nitpick I have with the judge is where he says that rights are being slowly eroded. In fact, individual rights are being eroded faster than most people could have ever imagined. :eek:

[Occam's Banana]

what happens if you shoot and or kill a cop after he kicks in your door? i know they will throw you in jail, but how can self defense not hold up?

How can self-defense not hold up? Because you have no right to defend yourself against cops - not even when their entry is actually illegal.

At least, not in Indiana. Not anymore. See this thread:
http://www.ronpaulforums.com/showthread.php?292646-Indiana-Supreme-Court-No-right-to-resist-illegal-cop-entry-into-home

[Anti Federalist]

How can self-defense not hold up? Because you have no right to defend yourself against cops - not even when their entry is actually illegal.

At least, not in Indiana. Not anymore. See this thread:
http://www.ronpaulforums.com/showthread.php?292646-Indiana-Supreme-Court-No-right-to-resist-illegal-cop-entry-into-home

Nice how that all works together, isn't it?

[AFPVet]

I can't believe it's moving this fast.... I was expecting at least a few years from now.... I can't believe S*&*& is about to hit the fan. I wonder when the marches on Washington are going to happen again like they did in the 1960's. I think that we will see them in Indianapolis very soon.

[jmdrake]

http://www.youtube.com/watch?v=AAFRicTdf-M

Compare what you see in that video with what the police claim happened.

Edit: Also it's sad that one cop said "Get on the ground" after the victim was already lying on the ground in a pool of blood.

http://www.standard.net/topics/crime/2010/09/17/man-dies-roy-police-shooting

]
ROY — A 45-year-old Roy man was shot and killed by police late Thursday night after officials say he wielded a golf club at officers attempting to search the home on a drug case.

The man has been identified by the Weber County Attorney’s Office as Todd E. Blair.

The shooting occurred just before 10 p.m. Roy Police Chief Greg Whinham said officers with the Weber-Morgan Strike Force were granted a search warrant for the home, located near 5900 South and 2600 West in Roy, for possible drug activity. Whinham said the Strike Force had been investigating the home for possible drug activity for several weeks.

When the officers entered the home, they were confronted by Blair, who was the subject of the investigation.

“He had a golf club and came at the (first) officer,” Whinham said. “The officer used his weapon and stopped the attacker.”

jmdrake note: It looks like the murder victim was standing still before he was gunned down by the officer. But what do I know?

Weber County Attorney Dee Smith said in a press release that Blair was shot by the officer three times. An ambulance was called to the home after the shooting, but the man was pronounced dead at the scene.

The main investigation has now been turned over to the attorney’s office, Whinham said, because the strike force is a multi-jurisdiction force.

He said several investigations have been opened in this case by the attorney’s office, Roy Police, the agency where the shooting officer is from, and the medical office.

Neighbors Charlotte Beeman and Chantel Morse live five houses away from the 45-year-old man. They said police were frequently coming to Blair’s home, as well as many people who appeared to be there for drugs.

“That house had a lot of traffic,” Beeman said. “There has been a lot of police going by there in the last few weeks.”

Whinham said while the strike force frequented the area to build information for their drug case, Roy Police also responded to the home often.

“There has been a lot of activity with police response,” he said. “We’ve responded on all kinds of squabbles with different relationships.”

Whinham said no officers were injured during the incident, and no one else was in the home at the time. He said he was unsure if anyone else lived at the home at the time.

“We know there are people who have lived in and out before,” he said. “But he’s been the main habitant for awhile.”

Smith said further details will be released abotu the incident once the investigation is complete.

Court records show Blair had some drug history and other run-ins with police. He was charged in 2000 and 2003 with possession and use of a controlled substance in Farmington Second District Court, and was charged with forgery in 1994 in the Ogden Second District Court.

[jmdrake]

Note how smooth the SCOTUS is as compared to the Indiana supreme court. They don't go so far as to rule the 4th amendment doesn't exist. Instead they make it of practically no use. The police can always claim they smelled marijuana and claim that they heard "scurrying" and the worst that can happen is that the case gets thrown out. (Winning an article 1983 lawsuit is difficult because you have to prove intent. Police, as well as child molesting teachers who claim they are looking for illegal aspirin, get "qualified immunity (http://z4.invisionfree.com/The_Great_Deception/index.php?showtopic=6558)"). I suspect that the Indiana case will be "overruled" by the SCOTUS, but in a way the preserves the outcome.


Well, that's pretty much the end of any semblance of privacy within your own home.

Now, all cops have to do is say they smelled dope, and say they heard "scurrying" in the house. (Damn right I'm going to be "scurrying" if Officer Friendly shows up at my front door unannounced)

Is there anybody willing to argue that we have not "crossed the Rubican" and are living in full blown, head on, police state?



Supreme Court gives police leeway in home searches

http://www.latimes.com/news/nationworld/nation/la-na-court-search-20110517,0,6746878.story

By David G. Savage, Washington Bureau

May 17, 2011
Reporting from Washington—

The Supreme Court gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed.

Ruling in a Kentucky case Monday, the justices said that officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs.

Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, said Justice Samuel A. Alito Jr. for an 8-1 majority.

In her dissent, Justice Ruth Bader Ginsburg said she feared the ruling gave police an easy way to ignore 4th Amendment protections against unreasonable searches and seizures. She said the amendment's "core requirement" is that officers have probable cause and a search warrant before they break into a house.

"How 'secure' do our homes remain if police, armed with no warrant, can pound on doors at will and …forcibly enter?" Ginsburg asked.

An expert on criminal searches said the decision would encourage the police to undertake "knock and talk" raids.

"I'm surprised the Supreme Court would condone this, that if the police hear suspicious noises inside, they can break in. I'm even more surprised that nearly all of them went along," said John Wesley Hall, a criminal defense lawyer in Little Rock, Ark.

In the past, the court has insisted that homes are special preserves. As Alito said, "The 4th Amendment has drawn a firm line at the entrance to the house." One exception to the search warrant rule involves an emergency, such as screams coming from a house. Police may also pursue a fleeing suspect who enters a residence.

The Kentucky case began when police in Lexington sought to arrest a man who had sold crack cocaine to an informer. They followed the man to an apartment building, but lost contact with him. They smelled marijuana coming from one apartment. Though it turned out not to be the apartment of their suspect, they pounded on the door, called, "Police," and heard people moving inside.

At this, the officers announced they were coming in and broke down the door. Instead of the original suspect, they found Hollis King smoking marijuana and arrested him. They also found powder cocaine. King was convicted of drug trafficking and sentenced to 11 years in prison.

The Supreme Court ruled in Kentucky vs. King that the officers' conduct "was entirely lawful," and they were justified in breaking in to prevent the destruction of the evidence.

"When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen may do," Alito wrote. A resident need not respond, he added. But the sounds of people moving and perhaps toilets being flushed could justify police entering without a warrant.

The ruling was not a final loss for King. The justices said the Kentucky state court should consider again whether police had faced an emergency situation in this case.

[acptulsa]

Well, I heard a flush.

http://img.photobucket.com/albums/v372/petefrank/Politics/a2f3d3bb.jpg

[eproxy100]

The lesson here is:

Don't give cops a bad look. Don't do anything that'll make them dislike you like say bad things about cops. Don't disagree with them. Also, don't piss off their relatives.

If you do any such thing you might find your door broken down after the cops "smell marijuana" outside your place.

[Dr.3D]

I would guess those judges just want more people in prison or on death row. Saying we don't have a right is like telling a mouse it can't run. People are going to resist illegal entry no matter how much those judges say they can't.

[outspoken]

It won't be long before they are breaking into homes to secure 'illegal' gold and silver that just must have been attained through illegal means in their minds. Gotta love the war on drugs, gives the state power to do as it pleases!

[aGameOfThrones]

Police: knock knock it's the police.

Citizen: wait a sec, I'll be right there, I'm in the bathroom *flush*

Police: I hear a toilet flushing - destroying evidence, destroying evidence *breaks door down*

Police: freeze! Bang, bang.

Police: he was holding a broom, I had no choice, I mentally told him to put it down.


******

Welcome to the new America.

[Philhelm]

...I'm just not going to say anything. None of my thoughts on this issue would be legal to utter.

[iGGz]

Indiana residents should attend this-

https://www.facebook.com/event.php?eid=190100751036509

[Lucille]

Reason: The Supreme Court's Advice About the Fourth Amendment: Use It or Lose It (http://reason.com/blog/2011/05/23/the-supreme-courts-advice-abou)


Writing about last week's 8-to-1 Supreme Court decision in Kentucky v. King—which held that police may break into a home without a warrant if they fear that evidence is being destroyed, even when their presence precipitates the evidence destruction—Linda Greenhouse focuses on the majority's contention that the defendant challenging the search, Hollis King, could have avoided it if only he had asserted his Fourth Amendment rights. "Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence," wrote Justice Samuel Alito, "have only themselves to blame for the warrantless exigent-circumstances search that may ensue."

[...] the Supreme Court essentially has created a new "sniff, knock, listen, and kick" rule, under which police can retroactively validate a warrantless search simply by claiming they smelled something funny and heard something suspicious.