Did you ever hear or read a story that you just had to share with others? This St. Joseph News-Press (Saint Joseph, Missouri)
article would be one of those stories. The date it was published is reason enough, July 4, 2006. Go ahead and kiss the
Fourth Amendment to the United States Constitution good bye.
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7/4/2006
Court ruling opens door to officers in searches
Alyson Raletz
Public Safety Reporter
Law enforcement could be banging on fewer doors in Buchanan County in light of a recent U.S. Supreme Court decision.
The 5-4 ruling gives officers serving search warrants the green flag to storm into residences and secure evidence without so much as a knock.
"I think it's a good thing. There's always a danger of persons destroying evidence," Patrol Buchanan County Sheriff's Department Capt. Howard Judd said. " I have had it happen to me a number of times with people flushing dope before we could get in."
Police for years have had the authority to serve search warrants without knocking, but only if they could prove the suspects possessed firearms, had stated they would destroy evidence or other exigent circumstances.
Now that burden of proof has disappeared, local officers are both relieved and hesitant to change their procedures.
The St. Joseph Police Department doesn't have a written policy on serving search warrants, but Capt. Kevin Castle, who reviews department procedures annually, said he doesn't anticipate a big change in operations.
"The ruling is really a reaffirmation of what's already going on." Mr. Castle said, noting city police only refrain from knocking in certain circumstances.
Mr. Judd said the Sheriff's Department soon plans to revisit its policy, which has been to always announce the search warrant prior to serving it, even if the circumstances allow deputies to skip the knock.
"That was important for the safety of the officers and the suspects," he said. "My thoughts are that we will always announce so no one can mistake that we're police."
Prior court decisions argued knocking before warrant service helped protect the U.S. Constitution's Fourth Amendment ban on unreasonable searches.
Former Justice Sandra Day O'Connor, who retired before the case was decided in June, openly expressed reservations in January when the case was first argued.
She asked, "Is there no policy of protecting the homeowner a little bit and the sanctity of the home from this immediate entry?"
A St. Joseph attorney shares her concerns.
"Our privacy and individuality has been chipped away a little bit by this Supreme Court decision," said Dan Radke, who occasionally substitutes as a public defender for Buchanan County.
But Drug Strike Force investigators don't see it that way.
"It never should've been like that in the first place," acting commander Lt. Steve Gumm said.
Mr. Gumm used to serve as the unit's point person during tactical operations and was responsible for knocking and yelling the announcement before investigators bolted into the unknown.
"In the meantime, they're going to the bathroom and flushing as fast as they can flush," he said.
Now that officers have freedom from door pounding, investigators could seek more warrants from county judges. In the past, investigators were reluctant to serve warrants at residences known to have stashes of methamphetamine or cocaine, which are easier to flush, compared to drugs like marijuana.
In lieu of losing evidence, Mr. Gumm said investigators instead would attempt to catch suspects transporting the drugs in plain sight and avoid going to the residences altogether.
The drug unit is far from mandating knock-free searches in every case, however.
"It will depend on what kind of drugs are being used," he said.
The Associated Press
contributed to this report.
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I'm never surprised to read about our Constitution being attacked, but I was a little surprised by the date the News-Press chose to publish the article.
God Bless America, God Save The Republic.
