Deal With It, Says Supreme Court

[dgridley]

The Supreme Court ruled yesterday that the police can break into your home, rouse you from sleep, hold you naked at gunpoint, and—even if you're completely innocent—you have no recourse, so long as the warrant was valid.

It was an 8-1 decision.

"Valid warrants will issue to search the innocent and people like Rettele and Sadler unfortunately bear the cost," the justices said in the unsigned opinion. "The resulting frustration, embarrassment and humiliation may be real, as was true here. When officers execute a valid warrant and act in a reasonable manner to protect themselves from harm, however, the 4th Amendment is not violated," the court concluded.

The police apparently didn't know that the suspects they were after no longer lived at the residence, and didn't bother to check to see that the house had been recently purchased by new owners several months earlier. The new owners were white. The suspects the police were looking for were black. And they were wanted not on charges related to violent crime, but for identity fraud.

more: http://www.reason.com/blog/show/120331.html

:tri:

 

[The Equivocate]

A warrant is a warrant. Just make it simple and stay out of trouble to avoid all the confusion.

So what happens if you move into a new house or apartment and never break the law or give anyone any reason to think so, but the people that lived there before you had broken the law, and the police got a warrant and busted down your door because they didn't bother to check if they had moved?

 

[iNod]

Than thats the police fault.. Doors can be replaced, chance that the criminal might escape and kill somebody else (or what ever) is a much more greater risk than a door and some messy room.

As much as I don't like warrants, warrants themselves are not easy to get and judges usually require great amounts of evidence before they will be released, and if they hadn't figured out the suspect has moved before they broke in well.. Than.................

- Steve

 

[apexad]

Please, have you guys read anything about the Patriot act? Who cares if they break down my door. I am much more concerned about them reading my e-mail or listening to my phone calls.

Realize, "I don't have anything to hide" BUT that is not the point.

 

[Kate]

Please, have you guys read anything about the Patriot act? Who cares if they break down my door. I am much more concerned about them reading my e-mail or listening to my phone calls.

Realize, "I don't have anything to hide" BUT that is not the point.

Exactly. A lot of things are being done against you without any warrant.

 

[The Equivocate]

Than thats the police fault.. Doors can be replaced, chance that the criminal might escape and kill somebody else (or what ever) is a much more greater risk than a door and some messy room.

As much as I don't like warrants, warrants themselves are not easy to get and judges usually require great amounts of evidence before they will be released, and if they hadn't figured out the suspect has moved before they broke in well.. Than.................

- Steve

I'm not arguing the importance of a warrant, but what I'm saying is I don't like the idea of having absolutely no recourse when someone is incompetent enough to check to see if the person even still lives in your house.

Also, when I said "bust down your door" it was more of a metaphor for the police busting into your house and holding you at gunpoint in the middle of the night. What if you have kids who are traumatized by being woken up by SWAT-armed police coming into your home with guns drawn?

 

[dgridley]

Exactly.. I expect we'll begin to see some sloppy police work and wholesale abuse because of this.. for those of us who don't live in La-La Land and realize there are bad cops (and judges) too, I worry about giving this kind of leeway without any recourse after the fact.

I'm not arguing the importance of a warrant, but what I'm saying is I don't like the idea of having absolutely no recourse when someone is incompetent enough to check to see if the person even still lives in your house.

 

[ZuraX]

What do you want them to do? Call or stop by and ask if "so and so" still lives there as we will be coming in the morning to serve a warrent?

 

[dgridley]

Of course, not but taking away your right to legal recourse if the damage your property and rough up your wife and kids in serving a bad warrant is not what "liberty and the pursuit of happiness" is all about IMO.

What do you want them to do? Call or stop by and ask if "so and so" still lives there as we will be coming in the morning to serve a warrent?

 

[HHDomains]

What do you want them to do? Call or stop by and ask if "so and so" still lives there as we will be coming in the morning to serve a warrent?

I'm sure what any intelligent person would want them to do is take responsibility for their screw ups.
You would be talking a TOTALLY different tune if they were breaking down your door and pointing guns in your face and perhaps the face of your child.

 

[Skinny]

I think that what they did was warranted based on the information they had.

They don't know what situation is happening behind the doors. As mentioned a warrant is pretty tough to get so they must have had enough evidence to get in their.

Were they wrong? Yes.

It must have been scary and dangerous, but besides a formal apology (which I don't think was given here) there really is nothing you can do.

You can sue, but on what grounds?

Skinny

 

[Ratmaster]

The justice system is getting more ignorant. I thought they had information on every residence, well, atleast the names of the owners. They should have the right to sue, but I can't see how it could happen when the Supreme Court doesn't care.

 

[Zinc]

Please, have you guys read anything about the Patriot act? Who cares if they break down my door. I am much more concerned about them reading my e-mail or listening to my phone calls.

Realize, "I don't have anything to hide" BUT that is not the point.

It's not the Patriot Act you Americans should be worried about, it's the Homeland Security Bill which comes into force next year. Now, that is extremely sinister.

To quote G W Bush... "The constitution is just a piece of paper"