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Jack Rice - Blog

Jack Rice is a criminal defense trial lawyer who provides legal advice to those charged with crimes in Federal and Minnesota State courtrooms.

 

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The U.S. Supreme Court Makes A Major Position Shift

According to a new ruling by the U.s. Supreme Court, drugs and other evidence seized at a home can be used in a trial even if the police ignore the law and go into the house without announcing their presence. Previously, the Court required the police to announce their presence, even if for a few seconds, before moving into a house. If the police failed to do this, any evidence they acquired as a result, was suppressed.

This is a major position shift for our judicial system.

Four justices complained in the dissent that the decision erases more than 90 years of Supreme Court precedent.

"It weakens, perhaps destroys, much of the practical value of the Constitution's knock-and-announce protection," Justice Stephen Breyer wrote for himself and Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg.

The Bush Administration has worked hard to change the make-up of the Court. Well, they have succeeded. In a truly landmark decision, this shift could mean more arrests and convictions, certainly. However, it could also encourage some officers to ingore law and requirements and simply do "what they think" they need to do.