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The Water Cooler
General Discussion
Supreme Court Rules 8-0 for Police in Major Fourth Amendment Case, Eliminates Provocation Doctrine
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<blockquote data-quote="Defcon Shooter" data-source="post: 2992606" data-attributes="member: 42229"><p>Well I agree with the decision. If the Police entered the premises after announcing their presence while believing their actions to be legal under an exigent circumstance the proper venue for redress is court not the act of pointing a weapon at them. The entry itself unless unannounced would not justify the use of deadly force. It would preclude any evidence found as a result of the illegal entry to be inadmissible. How ever had they had a properly attained warrant and entered just as they had the response to the brandishing of the weapon would be the same with no question of legal action. Where I see problems is ER Teams and SOT's doing no knock and dynamic entry's and the line between reasonable and unreasonable is being blurred. The litigants in the case could have simply come to the door had the officers ID themselves and opened up or told them to buzz off. Under today's court precedents you can't resist unlawful arrest or entry with violence or threat of violence.</p></blockquote><p></p>
[QUOTE="Defcon Shooter, post: 2992606, member: 42229"] Well I agree with the decision. If the Police entered the premises after announcing their presence while believing their actions to be legal under an exigent circumstance the proper venue for redress is court not the act of pointing a weapon at them. The entry itself unless unannounced would not justify the use of deadly force. It would preclude any evidence found as a result of the illegal entry to be inadmissible. How ever had they had a properly attained warrant and entered just as they had the response to the brandishing of the weapon would be the same with no question of legal action. Where I see problems is ER Teams and SOT's doing no knock and dynamic entry's and the line between reasonable and unreasonable is being blurred. The litigants in the case could have simply come to the door had the officers ID themselves and opened up or told them to buzz off. Under today's court precedents you can't resist unlawful arrest or entry with violence or threat of violence. [/QUOTE]
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Supreme Court Rules 8-0 for Police in Major Fourth Amendment Case, Eliminates Provocation Doctrine
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