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by EEllis
Fri Jan 03, 2014 3:58 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: No knock warrants violate SECOND amendment
Replies: 15
Views: 1623

Re: No knock warrants violate SECOND amendment

Rather you can't use exercise of one constitutionally protected freedom, let use religion (muslim perhaps), to justify a violation of the 4th. It would still be a violation of the 4th not the 1st.
by EEllis
Tue Dec 31, 2013 3:04 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: No knock warrants violate SECOND amendment
Replies: 15
Views: 1623

Re: No knock warrants violate SECOND amendment

And I don't see where anyone is saying no knock entries, because that is what happened they didn't have a no knock warrant, violates the 2nd. Just that this one entry that there was no knock solely because of the presence legally owned guns would be unconstitutional. Also it wouldn't necessarily be a violation of the 2nd. Rather you can't use exercise of one constitutionally protected freedom, let use religion (muslim perhaps), to justify a violation of the 4th. It would still be a violation of the 4th not the 1st.
by EEllis
Tue Dec 31, 2013 2:55 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: No knock warrants violate SECOND amendment
Replies: 15
Views: 1623

Re: No knock warrants violate SECOND amendment

cb1000rider wrote:
Do search warrants authorize entry type, IE no-knock? I'd assume that would be a departmental policy.
Wouldn't no-knock be authorized based on drugs alone, which could get flushed or destroyed?
Generally on warrants there is a KNOCK-AND-ANNOUNCE RULE that law enforcement must abide by. You have to knock and announce your identity and that you are executing a search warrant. Then, you wait a reasonable amount of time to allow an occupant to open the door. Only after waiting may the police force entry. You don't need a special warrant for a no knock entry but the legality is based on your reason for doing so and many cops and departments will get "pre approval" for a no knock entry rather than try and justify it latter in court. There was a SCOTUS case in 97 Richards v. Wisconsin, 520 U.S. 358 (1997), the Supreme Court ruled that states may not allow a blanket exception to the knock-and-announce rule for all searches in felony drug cases.

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