Now if we could just get them to take a Second Amendment Case. This decision is sure to be controversial with some members here.
Court Gives Police Victory in Waiting Time
http://www.yahoo.com/s/134861
By GINA HOLLAND, Associated Press Writer
WASHINGTON - In a victory for law officers, the Supreme Court ruled unanimously Tuesday that it was constitutional for police to wait 20 seconds before knocking down the door of a drug suspect.
LaShawn Banks was taking a shower when masked and heavily armed officers broke into his Las Vegas apartment in 1998 looking for drugs.
His case gave the court the opportunity to clarify how long police must wait before breaking into a home to serve a warrant. The court ruled 9-0 that a 20 second delay was ample, because any longer would give drug suspects time to flush evidence down the toilet.
The justices refused, however, to spell out exactly how long is reasonable in executing warrants for drugs or other contraband.
Officers knocked and announced themselves at Banks' apartment, then waited 15 seconds to 20 seconds before using a battering ram to break down the door.
Justice David H. Souter, writing for the court, said that because police believed there were drugs inside, officers had more reason to rush.
"Police seeking a stolen piano may be able to spend more time to make sure they really need the battering ram," Souter wrote.
He said while "this call is a close one, we think that after 15 or 20 seconds without a response, police could fairly suspect that cocaine would be gone if they were reticent any longer."
Smart drug dealers, he said, would keep their contraband near a commode or sink.
The Supreme Court has said that in most cases officers are required to knock and announce themselves, under the Constitution's Fourth Amendment ban on unreasonable searches.
In Tuesday's ruling, Souter said that generally courts have considered whether police moved too hastily "case by case, largely avoiding categories and protocols for searches."
The Las Vegas police and federal officers found 11 ounces of crack cocaine and three guns during the raid. Banks served four years of an 11-year prison sentence before his conviction was overturned.
Justices reversed the 9th U.S. Circuit Court of Appeals (news - web sites) ruling in Banks' favor.
The appeals court had said that officers should wait "a significant amount of time" before making a nonforced entry, and a "more substantial amount of time" between knock and entry if property would be destroyed.
Souter said that the appeals court was wrong to set up a multipart scheme for reviewing knock-and-announce cases.
The case is United States v. Banks, 02-473.
Court Gives Police Victory in Waiting Time
http://www.yahoo.com/s/134861
By GINA HOLLAND, Associated Press Writer
WASHINGTON - In a victory for law officers, the Supreme Court ruled unanimously Tuesday that it was constitutional for police to wait 20 seconds before knocking down the door of a drug suspect.
LaShawn Banks was taking a shower when masked and heavily armed officers broke into his Las Vegas apartment in 1998 looking for drugs.
His case gave the court the opportunity to clarify how long police must wait before breaking into a home to serve a warrant. The court ruled 9-0 that a 20 second delay was ample, because any longer would give drug suspects time to flush evidence down the toilet.
The justices refused, however, to spell out exactly how long is reasonable in executing warrants for drugs or other contraband.
Officers knocked and announced themselves at Banks' apartment, then waited 15 seconds to 20 seconds before using a battering ram to break down the door.
Justice David H. Souter, writing for the court, said that because police believed there were drugs inside, officers had more reason to rush.
"Police seeking a stolen piano may be able to spend more time to make sure they really need the battering ram," Souter wrote.
He said while "this call is a close one, we think that after 15 or 20 seconds without a response, police could fairly suspect that cocaine would be gone if they were reticent any longer."
Smart drug dealers, he said, would keep their contraband near a commode or sink.
The Supreme Court has said that in most cases officers are required to knock and announce themselves, under the Constitution's Fourth Amendment ban on unreasonable searches.
In Tuesday's ruling, Souter said that generally courts have considered whether police moved too hastily "case by case, largely avoiding categories and protocols for searches."
The Las Vegas police and federal officers found 11 ounces of crack cocaine and three guns during the raid. Banks served four years of an 11-year prison sentence before his conviction was overturned.
Justices reversed the 9th U.S. Circuit Court of Appeals (news - web sites) ruling in Banks' favor.
The appeals court had said that officers should wait "a significant amount of time" before making a nonforced entry, and a "more substantial amount of time" between knock and entry if property would be destroyed.
Souter said that the appeals court was wrong to set up a multipart scheme for reviewing knock-and-announce cases.
The case is United States v. Banks, 02-473.
