Supreme Court: No warrant needed if police discern destruction of evidence - PowerStrokeNation : Ford Powerstroke Diesel Forum
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post #1 of 21 (permalink) Old 05-17-2011, 12:01 PM Thread Starter
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Supreme Court: No warrant needed if police discern destruction of evidence

Supreme Court: No warrant needed if police discern destruction of evidence - Yahoo! News

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Police do not need a search warrant if, after knocking on a closed door and announcing their presence, they discern that evidence of a crime is being destroyed on the other side, the US Supreme Court ruled Monday.

In an 8-to-1 decision, the high court sought to clarify an exception to the Fourth Amendment‚€™s requirement that police obtain a court-authorized search warrant before entering a private home.

The justices said in certain emergency circumstances a warrant is not necessary, provided that law enforcement officials act reasonably in compliance with Fourth Amendment protections and do not threaten to violate them.

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post #2 of 21 (permalink) Old 05-17-2011, 12:15 PM
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Re: Supreme Court: No warrant needed if police discern destruction of evidence

Wow, just Wow, ok cops use your best judgement to not break the 4th amendment

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post #3 of 21 (permalink) Old 05-17-2011, 12:18 PM
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Re: Supreme Court: No warrant needed if police discern destruction of evidence

all I can say is

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post #4 of 21 (permalink) Old 05-17-2011, 02:05 PM
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Re: Supreme Court: No warrant needed if police discern destruction of evidence

This is nothing new. There's been a few other similar cases that follow the same guidelines under exigent circumstances.

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post #5 of 21 (permalink) Old 05-17-2011, 06:26 PM
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Re: Supreme Court: No warrant needed if police discern destruction of evidence

I don't know, Let's say the detectives come to a door to question a suspect on suspicion of child pornography and then thru a window they can clearly see the perpetrators flushing child pornography down the tiolet or burning it in the fireplace there is a pretty good arguement for not being able to wait for the warrant to simply stop what is obviously the destruction of evidence. Nothing else.

I'm not arguing for or against, just discussing. I can certainaly see the opportunity it allows for abuse too.

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post #6 of 21 (permalink) Old 05-17-2011, 06:36 PM
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Re: Supreme Court: No warrant needed if police discern destruction of evidence

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Originally Posted by Suns_PSD View Post
I don't know, Let's say the detectives come to a door to question a suspect on suspicion of child pornography and then thru a window they can clearly see the perpetrators flushing child pornography down the tiolet or burning it in the fireplace there is a pretty good arguement for not being able to wait for the warrant to simply stop what is obviously the destruction of evidence. Nothing else.

I'm not arguing for or against, just discussing. I can certainaly see the opportunity it allows for abuse too.

I think you raise a good point, it in theory sounds perfect, since our fine police officers are suppose to have the best judgement. The problems will come about from the abuse and misuse of this ruling.

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post #7 of 21 (permalink) Old 05-17-2011, 10:00 PM
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Re: Supreme Court: No warrant needed if police discern destruction of evidence

Why don't we just light the Constitution on fire as well, seeing that we don't follow it anyway.

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post #8 of 21 (permalink) Old 05-17-2011, 10:12 PM
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Re: Supreme Court: No warrant needed if police discern destruction of evidence

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Originally Posted by ducatirider944 View Post
Why don't we just light the Constitution on fire as well, seeing that we don't follow it anyway.
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post #9 of 21 (permalink) Old 05-17-2011, 10:15 PM
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Re: Supreme Court: No warrant needed if police discern destruction of evidence

The most telling part is the 8-1 verdict. The feds are completely outta control.

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post #10 of 21 (permalink) Old 05-17-2011, 11:27 PM
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Re: Supreme Court: No warrant needed if police discern destruction of evidence

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Originally Posted by ducatirider944 View Post
Why don't we just light the Constitution on fire as well, seeing that we don't follow it anyway.
So you make a good point in that if we make any exceptions, well where does it stop?

But what if you are viewing a crime taking place?

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