SocraticGadfly: Fourth Amendment now gutted

June 15, 2006

Fourth Amendment now gutted

With the Supreme Court saying failure to knock before entering a residence on a warrant was a valid good-faith exercise and so evidence obtained should not be excluded, we have now witnessed the official evisceration of the Fourth Amendment.

In essence, police departments who want to push the envelope on no-knock searches have now put the Fourth Amendment burden on defendants.

BUT, probably, O’Connor would have voted in the majority on this, so Alito’s presence was not what killed this. Some commentors differ, but I am not so sure of that.

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