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News (Media Awareness Project) - US FL: Editorial: Correct Decision on Drug Raids
Title:US FL: Editorial: Correct Decision on Drug Raids
Published On:2003-12-09
Source:Tampa Tribune (FL)
Fetched On:2008-08-23 20:07:04
CORRECT DECISION ON DRUG RAIDS

It is rare for the U.S. Supreme Court to reach a unanimous decision,
but its 9-0 ruling on forced entries during police raids sends a clear
message and maintains for law enforcement a valuable tool in the
ongoing effort to rid our communities of illegal drugs.

The case before the court involved the serving of a search warrant by
police officers and the FBI on the home of a suspected drug dealer in
north Las Vegas in 1998. They knocked on the door of his apartment
but, after waiting 15 to 20 seconds and hearing no response, broke
down the front door with a battering ram. Inside they found the
suspect outside his shower, still dripping wet. They also found crack
cocaine, $6,000, a scale and several firearms.

After his arrest for drug dealing, the suspect claimed the evidence
against him should be suppressed because the search violated the
Fourth Amendment, which requires that all searches be "reasonable."
Incredibly, the U.S. Court of Appeals for the 9th Circuit ruled 2-1 in
his favor.

The unanimous ruling overturned the appeals court's attempt to
establish the conditions under which law enforcement officers can
enter a home once they have knocked. It also reinforced the Supreme
Court's previously expressed opinion that police officers need
flexibility in responding to potential danger or the possibility that
a suspect may destroy evidence. As Justice David Souter observed,
police searching for a stolen piano need not hurry for fear that it
might be flushed down a drain. And it takes only a few seconds to
spoil what took numerous undercover drug buys and weeks of observation
to set up.

The court's decision has been hailed as a victory for law enforcement.
It is also a triumph for common sense. Future appeals of drug raid
cases will likely question how much time is adequate before entering a
dwelling after knocking, but for now 15 to 20 seconds is acceptable
for forced entry.
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