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Old 06-15-2006, 08:04 PM   #3
MaggieL
in the Hour of Scampering
 
Join Date: Jan 2001
Location: Jeffersonville PA (15 mi NW of Philadelphia)
Posts: 4,060
Quote:
Originally Posted by rkzenrage
Justice Antonin Scalia, writing for the majority, said Detroit police acknowledge violating that rule when they called out their presence at a man's door then went inside three seconds to five seconds later....
I'll tell you this... if someone did this to my house they would get shot, period. My 2nd trumps your 4th.
An unconstitutional law is not a law. Simple.
Speaking as an armed citizen myself, I think you should consider your position before you shoot a cop who has "annouced his presence and authority" and then forcibly entered your home three to five seconds later. I think the court would take a very dim view of your justification for deadly force.

At the same time I'm mindful that a number of home invasions have occurred where the bad guys have *claimed* to be LEOs on entry.

The consitutional privacy issue here used to queer the search in the absence of exigent circumstances. Now apparently it doesn't even do that. But you'd better be prepared to show you were in reasonable fear of death or grevious bodily harm before you shoot someone.

Some interesting background here.
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Last edited by MaggieL; 06-15-2006 at 08:14 PM.
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