Skip to main content

Home Insecurity,Two privacy rulings hit us where we live.


Jacob Sullum | May 25, 2011
A few years ago, two police officers were chasing a crack dealer at a Lexington, Kentucky, apartment complex when they lost sight of him as he ducked into one of two units at the end of a breezeway. Detecting "a very strong odor of burnt marijuana" coming from the apartment on the left, they figured that must be the one, so they banged on the door and shouted, "Police!" Hearing "the sound of persons moving," the officers later reported, they feared evidence was being destroyed, so they kicked in the door.
It turned out to be the wrong apartment, but inside the cops discovered a guest smoking pot and, during a "protective sweep" of the apartment, saw marijuana and cocaine powder "in plain view." A more thorough search turned up crack, cash, and drug paraphernalia.

So much for the alleged destruction of evidence. So much, too, for the doctrine that a man's home is his castle, not to be forcibly entered by government agents on a whim or a hunch. Last week the U.S. Supreme Court said the "exigent circumstances" that exist when someone might be flushing drugs down a toilet allow police to enter a home without a warrant, even if their own actions create those circumstances.
As the lone dissenting justice, Ruth Bader Ginsburg, noted, this decision "arms the police with a way routinely to dishonor the Fourth Amendment's warrant requirement in drug cases." Instead of "presenting their evidence to a neutral magistrate," they can retroactively validate their decision to break into someone's home by claiming they smelled something funny and heard something suspicious.

While the U.S. Supreme Court said police may force their way into a home to prevent the destruction of evidence, the Indiana Supreme Court, in a less noticed decision issued the week before, said police may force their way into a home for any reason or no reason at all. Although the victim of an illegal search can challenge it in court after the fact, three of the five justices agreed, "there is no right to reasonably resist unlawful entry by police officers." They thereby nullified a principle of common law that is centuries old, arguably dating back to the Magna Carta.

The case involved Richard Barnes, whose wife called 911 in November 2007 to report that he was throwing things around their apartment. When police encountered Barnes outside, he shouted that they were not needed because he was in the process of moving out. His wife emerged, threw a duffle bag in his direction, and told him to collect the rest of his belongings. When two officers tried to follow the couple back into the apartment, Barnes blocked the way, while his wife said "don't do this" and "just let them in." Barnes shoved one officer against a wall, and a scuffle ensued.

After he was convicted of battery on a police officer, resisting law enforcement, and disorderly conduct, Barnes appealed, arguing that the jury should have been instructed about "the right of a citizen to reasonably resist unlawful entry into the citizen's home." The Indiana Supreme Court could have ruled that the officers' entry into the apartment was lawful given the possibility of violence, especially since Barnes' wife had called 911 and arguably invited them in. The majority suggested as much but inexplicably decided a far broader question. "Because we decline to recognize the right to reasonably resist an unlawful police entry," the court said, "we need not decide the legality of the officers' entry into Barnes's apartment."
This backward approach suggests the justices were eager to repudiate a straightforward extension of self-defense that struck them as an outmoded impediment to law enforcement.more
thank you szteve

Comments

Popular posts from this blog

1914 Germany Afrikaner farmer Agreement

thank you Etienne 
translated from Afrikaner to EnglishTo all the people of the white race all over the world, most of all to the German nation: This is an important agreement Concerning the South African Boer people and the German nation. It has to do with an agreement between the Boer rebellion and the German troops in Southwest Africa. The Boer rebellion were lead by leaders of the Afrikaaner nation (General Manie Maritz, General SG Maritz, General Koss Delarey) and who’ll be fought against the English in the Second Anglo-Boer war from 1899 to 1902, where the Afrikaaner nation under hun president In Paul Kruger ulcers completely humiliated by the English when ze ulcers forced to sign the Treaty of Vereeniging in 1902. The atrocities committed against the Boers in the Concentration camps ulcers horriffic to say the least, and at least 30 000 Boer women and Children Were driven from hun farms Which Were torched under Lord Kitchener’s Scorched Earth policies. The attached files are an ima…

Gangs are everywhere, including the burbs, not to worry though 'We Have A Program For That"

TUESDAY, OCTOBER 31, 2006
Hardcore Gangs Hit Ohio Suburbs GANGS IN THE ’BURBS
Subversive element creeping beyond Columbus’ borders
Last year, Westerville North High School suspended two students who flashed MS-13 hand signs and drew gang insignia during an English-asa-second-language class. MS-13, or Mara Salvatrucha, is a notoriously violent street gang with roots in Los Angeles. It was formed by immigrants from El Salvador.

Gang crime isn’t nearly as serious or common in the suburbs as in some Columbus neighborhoods, but suburban schools and police departments are increasingly on watch.
"It’s not so centralized in the inner city as it used to be," said Pat Brooks, a veteran Columbus police gang unit officer.

Suburban police call Brooks and his colleagues when they suspect gang activity in their jurisdictions.

Most of the crack dealers in Reynoldsburg are gang members who live in Columbus, said Tye Downard, a Reynoldsburg police narcotics detective.

They go there to make mor…

MS-13 and Los Zetas Drug cartels stealing millions of barrels of oil and taking over control of the drug trade.

Los Zetas vs Ms 13 from lastcombat.com Los Zetas is an armed criminal gang that operates as a hired army for the Gulf Cartel. The group is believed to be led by Heriberto “The Executioner” Castanon. Los Zetas, the Ninth CartelTuesday, May 18, 2010 |  Borderland Beat Reporter Buggs