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June 2006
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Another loss for our rights

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The Supreme Court, in a 5-4 decision, ruled on Thursday that a violation by the police of the “knock-and-announce” rule when they enter a home with a warrant does not bar the use of evidence gathered in the search.

The tie was broken by Alito, who ruled in favor of the State of Michigan in Hudson v. Michigan.
Scalia wrote the opinion, joined by Alito, Thomas, Roberts, and Kennedy in part.
Dissenting were Breyer, Stevens, Souter, and Ginsburg.
A really bad decision. What’s the incentive for the cops to follow the law, if failure to do so allows them to use anything they found?
See Radley Balko’s earlier description of the case at Slate. He’s been all over it today. Here, here, here. Also Breyer cites Balko in his dissent (Page 10 – pdf)
Lyle Denniston at ScotusBlog has some interesting additional analysis on the ruling, including future implications for Fourth Amendment violations.

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