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Friday, June 16, 2006

"KNOCK KNOCK KNOCKIN' ON HEAVEN'S DOOR ..."

The Justice League Strikes Again
Superheroes for the New Age

In case you thought there was any life in the 4th Amendment which prohibits unreasonable searches and seizures of our homes, the US Supreme Court’s 5 X-Men mutant warriors have stomped again on the corpse.
Antonin Scalia, The Robed Crusader
whose superpower is the ability to erase The Constitution, indeed, all of judicial history — wrote the majority opinion that killed it.
With his faithful sidekick, Clarence Thomas, and the newest members of The League - CJ "LONG JOHN" ROBERTS & SAM ALITO the Magneto - Scalia is finally winning the never ending battle to make America safe for Police Power, Government, and Business interests!

ONCE UPON A TIME, IN THE DARK NIGHTS OF GOTHAM'S PAST, WHEN COURTS WERE BOUND BY THE IMAGINED RESTRAINTS OF THE CONSTITUTION ....
P
olice
serving search warrants or seeking to make an arrest in a house were forced to first knock, announce their presence, and give a reasonable amount of time for the occupants to let them in.

They could break in if there is no response in a reasonable amount of time or if there was an “exigency,” such as a reasonable belief that the occupants would destroy evidence before entry or have access to weapons.

The rule was put in place by the weak minded WARREN COURT and codified in statutes as in California Penal Code sections 844 & 1531
... intended to protect the right to privacy, and to protect occupants and police from a violent confrontation resulting from a sudden break in, startling frightened householders.
To enforce the rule, courts since 1914 excluded the evidence seized in violation.

This exclusionary rule is what stuck in the throats of The Justice League for all this time. That the criminal should be freed just because the constable blundered was a travesty!
The Robed Crusader finally gave voice to the alternative remedy long proposed --- the homeowner can sue the police officer for violation of his rights!!!

I remember when the exclusionary rule was under attack from the Right and I took an informal poll of police officers I ran across while in court. I asked them whether they would prefer to be sued rather than have courts exclude evidence. I found very few cops who wanted to be sued.

Of course, few will do so — especially if they are in prison. There will be some extreme cases — as history shows — in which the police break into and trash the wrong house, shoot innocent occupants, get shot themselves by people protecting their “castle.”

AND SO ... a new day is dawning on Gotham ...
Because of the youthful vigor of the NEW MAJORITY, THE JUSTICE LEAGUE MAY FLOURISH FOR THIRTY YEARS ... giving America at long last the ORDER it needs to thrive ...

... and the Justice and Justices we deserve.

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