Police Search Divides Justices

The Supreme Court heard arguments relating to the 4th amendment. Do police officers have to knock and announce their presence when they arrive at your house with a search warrant?

This issue is nothing new to the justices of the Supreme Court. They have made many rulings over the years in regard to this issue. As it stands, and someone please correct me if I am wrong, the police must first knock and announce their presence at a residence. They must then wait a "reasonable" amount of time to allow the resident therein to answer the door. A recent case from Detroit is being argued because it is alleged that the police deviated from this. The argument in this case is that even though the police blundered when they just entered the residence in question, the illegal narcotics they found should not be surpressed from evidence.

Previous rulings also state that if the police think that evidence is or may be destroyed, they may make entry (exigent circumstances exception). A judge also has the authority to issue a "no knock" warrant. (Some States) In a ruling from a couple of years ago, the suspect was in his shower when the police arrived with their warrant. They knocked, announced and when they received no response, they made entry into the home. They ultimately found the suspect in his shower where he could not have possibly heard the knocking and announcing. The ruling of the Appeals court was reversed saying that the police acted properly. (U.S. V Banks)

Justice O'Conner was again the potential swing vote in this current case. She was leaning toward ruling against the police. This is a critical issue as we are witnessing confirmation hearings for Judge Alito. If the rule of Law is followed, the court may find in favor of the Petitioner in this case (Hudson V Michigan 04-1360)

As a Police Officer, the thought of announcing my presence and waiting for a response alarms me. Why do I need to put myself needlessly in jeopardy of injury or death to wait for a suspect to arm himself in anticipation of my entry into his residence. Additionally, if I am at the point where I have a search warrant in hand, the suspect's goose is generally cooked. It is not entirely simple to obtain a search warrant. Do we have to knock and announce to allow the suspect to get rid of evidence of a crime they are committing or have committed or to arm themselves to commit acts of violence against the police?

Contrary to popular belief, the police are not out there to be injured or killed. They are in a dangerous position however; protecting your rights to be free from criminals and their violent acts against society.

I believe strongly in the rule of law. It is that foundation on which our country is built. The danger is that liberal thinking continues to protect those committing the crimes and further serves to victimize those whom the crimes have been perpetrated against.

Whatever the outcome, it is one on which we will have to pattern our behavior.