Saturday, June 17, 2006

Constitutional Degredation from on High -- 4th Amendment Under Attack

Won't be long before the Exclusionary Rule in finished under the 4th Amendment. The police can barge into your house, take evidence and use it in court. Fascism is implanting itself like a virus, and rewriting the Constitutional jurisprudence of our country.

The evidence is here.

Simply put, the dissenters, lead by Justice Breyer, state the following:

In Wilson v. Arkansas, 514 U. S. 927 (1995), a unanimous Court held that the Fourth Amendment normally requires law enforcement officers to knock and announce their presence before entering a dwelling. Today's opinion holds that evidence seized from a home following a violation of this requirement need not be suppressed

As a result, the Court destroys the strongest legal incentive to comply with the Constitution's knock-and-announce requirement. And the Court does so without significant support in precedent. At least I can find no such support in the many Fourth Amendment cases the Court has decided in the near century since it first set forth the exclusionary principle in Weeks v. United States, 232 U. S. 383 (1914). See Appendix, infra.

Today's opinion is thus doubly troubling. It represents a significant departure from the Court's precedents. And it weakens, perhaps destroys, much of the practical value of the Constitution's knock-and-announce protection.
It's just a matter of time before the Bill of Rights is dead.

1 comment:

Da Weaz said...

Thanks, Soc. Sad, but true. Well, if we're going to hell, might as well laugh on the way down. ;-)