US Court Allows Search If Evidence Being Destroyed

From NEWSMAX / REUTERS:

Police officers can enter a residence without a search warrant when they knock on the door, announce their presence and believe evidence is being destroyed, the Supreme Court ruled Monday.

By an 8-1 vote, the high court ruled that entering a residence in such emergency-like circumstances does not violate the constitutional protections against unreasonable searches and seizures of evidence.

The decision adds to a string of recent rulings that have curtailed suspects’ rights, while giving police more leeway to seize evidence in drug or other criminal cases…

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EDITOR: There is such zeal to build a fence around the Second Amendment to the Constitution, but the more important Fourth Amendment has been allow to atrophy and virtually cease to exist as a byproduct of the War on Drugs.  Here is what the Constitution has to say:

“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.”

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1 Comment

  1. Let’s say the police are sent to a residence to look for drugs. Let’s say the homeowner is using the bathroom and flushing the toilet and the officers outside hear the toilet flush. Does that mean they can break down the person’s door?

    And what if no drugs are found? Can they charge the homeowner with destroying evidence? For using the bathroom?? just because the police have reason to believe there are drugs in the home?

    I remember cases of police being sent to the wrong house, terrorizing the family, and maybe even shooting someone in the home. This is an extremely dangerous situation.

    Is this a war against drugs? I say it a war against the people. I am disgusted. This type of strong arm enforcement should not be allowed in a democracy. We are being controlled with fear and I, for one, refuse to bend.

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