While "warrantless home entry" has been allowed by court rulings for decades (multiple cases), there was always a real risk of evidence being excluded if actual exigent circumstance didn't exist.
The police were knocking loudly on the wrong apartment door (their suspect was in a different apartment) and simply had to believe evidence was being destroyed to have justifiable entry (and the fruits from their search of the wrong apartment admissible).
Although I didn't see a timeframe on how quickly you must answer the door, one of the justices did indicate that the apartment dweller could have answered the door and simply refused entry since the police did not have a warrant (I guess that would have removed the exigent circumstance).
I just hope these additional powers don't extend to the green police in the future, allowing them to bust through your front door if they see what they believe to be incandescent lighting inside your home.
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- by Slowplay
- Fri May 20, 2011 1:54 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: SCOTUS approves warrantless home entry
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