This article isn't very long, but it does deal with the importance of a search warrant.
Whether or not Bruce Hopkins left the scene of a hit and run, the police officers did not follow proper procedures. According to our text on page 17, "The Fourth Amendment protects the 'right of the people to be secure in there persons, houses, papers, and effects.'" The decision may not have been any different, but the officers may have had a better chance if they had focused on the car and any damage there may have been that Mr. Hopkins could have had fixed before a warrant could have been obtained.
Court won't hear appeal on warrantless entry - Yahoo! News
Monday, April 5, 2010
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I agree with the Supreme Court. The fourth amendment is an important part of our constitution and the police need to be held accountable for their actions.
ReplyDeleteI am also going to agree with the Supreme Court's decision. They did not have any right whatsoever to enter his home without a warrant. The woman could have been confused and identified the wrong person.
ReplyDeleteTo the poster's statement that 'the officers may have had a better chance if they had focused on the car and any damage there may have been that Mr. Hopkins could have had fixed before a warrant could have been obtained'. The car may have been parked in the garage and therefore was 'inside the home' which would still require a warrant.
It appears to me that this article simply states that the Supreme Court won't hear the appeal, which doesn't imply that the Supreme Court agrees with the lower court's verdict. Recall, the US Supreme Court and most state supreme courts deny most appeals. Also, on p. 40-41 of Fundamentals of Business Law, "A denial is not a decision on the merit of a case, nor does it indicate agreement with the lower court's opinion...Typically, the Court grants petitions when cases raise important constitutional questions or when the lower courts are issuing conflicting decisions on a significant question. The justices, however, never explain their reasons for hearing certain cases and not others..."
ReplyDeleteLaura, I agree that if the car was in the garage a warrant would be needed. I guess I just take for granted that the car would be outside because that's where mine is. :)
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