"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime."Seems like the John Roberts-era Supreme Court has missed the point. Police could already get a no-knock warrant, it just had to be approved by a judge. Pero no mas, after Hudson v. Michigan. As Justice Breyer wrote in his dissent, Hudson "represents a significant departure from the Court's precedents. And it weakens, perhaps destroys, much of the practical value of the Constitution's knock-and-announce protection."
- Johnson vs. United States, 1948
Radley Balko suggests Justice Scalia and his cohorts should have studied up on law enforcement's "professionalism" in Tulia, Hearne, and the Dallas fake drug scandals before relinquishing more judicial authority to cops in the field.
UPDATE: Howard Bashman has the links of the day, and points to an NPR story this morning by Nina Totenberg.