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Originally Posted by xoxoxoBruce
OK, but in this instance, the Supremes are saying the law says one thing but practical considerations are more important, so the law comes second. WTF?
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No, the Supremes are *interpreting* the law..that being their job. That's how this issue became "law" in the first place; it is in fact based on precedent itself based on a common law principle.
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Originally Posted by http://www.fbi.gov/publications/leb/1997/may976.htm
In Wilson v. Arkansas,1 decided in 1995, a unanimous Supreme Court held for the first time that whether police "knock and announce" their presence before executing valid search warrants is part of the Fourth Amendment inquiry into the reasonableness of a search.
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There's no written law that actually says police must knock and announce.
And in the case we're discussing the cops did in fact knock and announce
I'm quite impressed by the ability of folks to project their beliefs onto this with utter disregard for the facts of the case, the law and the decision.