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The US Supreme Court ruled AGAINST no knock warrants in Wilson vs. Arkansas in 1995. Hopefully the family of Breonna Taylor still goes forward with a case against the Louisville Police Department if they are still able to given the negotiations of this settlement. That’s why it’s good to know case laws and passed decisions and rulings. The attorney for the Taylor family should hopefully know this and use the ruling of Wilson vs. Arkansas as precedence in a case against the Louisville Police Department.

this is incorrect.

We need not attempt a comprehensive catalog of the relevant countervailing factors here. For now, we leave to the lower courts the task of determining the circumstances under which an unannounced entry is reasonable under the Fourth Amendment. We simply hold that although a search or seizure of a dwelling might be constitutionally defective if police officers enter without prior announcement, law enforcement interests may also establish the reasonableness of an unannounced entry.

Wilson v. Arkansas, 514 U.S. 927, 936 (1995)

It's been some time since I've reviewed criminal law or constitutional law on the subject, so take this with a grain of salt, but no-knock warrants are viewed on a case by case. Certain circumstances may be presented which authorize the execution of a no-knock warrant. Typically, the argument is that the accused may have a firearm, likely to start firing on officers if they announce themselves, may attempt to destroy evidence if officers announce, etc.

Disclaimer: I'm not familiar with Kentucky's jurisprudence on the subject whatsoever.

edit: adding link to the case, here, and brief summary:

A unanimous Court held that the common-law "knock-and announce" principle forms a part of the Fourth Amendment reasonableness inquiry. "Given the longstanding common-law endorsement of the practice of announcement, and the wealth of founding-era commentaries, constitutional provisions, statutes, and cases espousing or supporting the knock-and-announce principle,...the Amendment's Framers thought that whether officers announced their presence and authority before entering a dwelling was among the factors to be considered in assessing a search's reasonableness." Countervailing law enforcement interests, such as officer safety, may, however, establish the reasonableness of an unannounced entry.

factor to be considered in 4th amendment reasonableness inquiry, but countervailing law enforcement may establish reasonableness of no-knock.
 
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While the libbies are falling over themselves to get that degenerate Travis Scott meal, I heard the ads on AM radio for the Donald Combo.

I ordered ahead, put in promo code “Covid is a hoax” and when I arrived, one of the teenagers happily working for minimum wage because it’s their first job, gave me the meal and before a I left, I rolled coal on all the Priuses and Teslas full of libs waiting for their sicko meal.

After I got back to my McMansion, I enjoyed my filet o fish, Big Mac, large fries, Diet Coke, apple pie and tub of ketchup in peace, knowing that my President, my gated community and my ADT security system was keeping me safe from the simultaneously weak effeminate but also Omni potent ANTIFA thugs.

God bless our President and god bless McDonalds for letting us patriots enjoy the sane meal he enjoys.
 
this is incorrect.



Wilson v. Arkansas, 514 U.S. 927, 936 (1995)

It's been some time since I've reviewed criminal law or constitutional law on the subject, so take this with a grain of salt, but no-knock warrants are viewed on a case by case. Certain circumstances may be presented which authorize the execution of a no-knock warrant. Typically, the argument is that the accused may have a firearm, likely to start firing on officers if they announce themselves, may attempt to destroy evidence if officers announce, etc.

Disclaimer: I'm not familiar with Kentucky's jurisprudence on the subject whatsoever.

The “certain circumstances” part of your statement applies to exigent circumstances. So for example if officers roll up to a dwelling and before they can knock on the door a subject within the dwelling starts shooting at them then that would be exigent circumstances. As it pertains to the killing of Breonna Taylor as I understand this case the Louisville police officers did not knock at her door and entered in her residence and then the boyfriend began to fire upon whoever he believed to be entering the residence.

If you read up on the case law it states the right of the people to be secure in their persons, house, papers and effects against UNREASONABLE SEARCHES AND SEIZURES. Which is this case would be a violation of the Fourth Amendment rights against Breonna Taylor and her boyfriend. Again, Wilson vs. Arkansas is and can stand as precedence for Breonna’s case.

 
i think we all know that Americans are nothing but hypocrites who turn a blind eye to all the damage our country does

damn fellas so i posted something similar to this on FB under an article & almost instantly I got a warning from FB for using "hate speech" & threaten my account would be banned if it happened again. i thought this only happened in the CCP?
 
The “certain circumstances” part of your statement applies to exigent circumstances. So for example if officers roll up to a dwelling and before they can knock on the door a subject within the dwelling starts shooting at them then that would be exigent circumstances. As it pertains to the killing of Breonna Taylor as I understand this case the Louisville police officers did not knock at her door and entered in her residence and then the boyfriend began to fire upon whoever he believed to be entering the residence.

If you read up on the case law it states the right of the people to be secure in their persons, house, papers and effects against UNREASONABLE SEARCHES AND SEIZURES. Which is this case would be a violation of the Fourth Amendment rights against Breonna Taylor and her boyfriend. Again, Wilson vs. Arkansas is and can stand as precedence for Breonna’s case.

You're misrepresenting what the Supreme Court said and jumping to a conclusion. You said:

The US Supreme Court ruled AGAINST no knock warrants in Wilson vs. Arkansas in 1995.

Your argument is premised on the argument that Wilson v. Arkansas says no-knock warrants are per se unreasonable and therefore unconstitutional. That would be categorically false.

Here is what the Supreme Court actually said in Wilson v. Arkansas

Contrary to the decision below, we hold that in some circumstances an officer's unannounced entry into a home might be unreasonable under the Fourth Amendment.

This is not to say, of course, that every entry must be preceded by an announcement. The Fourth Amendment's flexible requirement of reasonableness should not be read to mandate a rigid rule of announcement that ignores countervailing law enforcement interests.

translated: no-knock might be unreasonable, but not every entry has to be announced. We can't create a rigid rule that ignores law enforcement interests.

Supreme Court concludes:

We need not attempt a comprehensive catalog of the relevant countervailing factors here. For now, we leave to the lower courts the task of determining the circumstances under which an unannounced entry is reasonable under the Fourth Amendment. We simply hold that although a search or seizure of a dwelling might be constitutionally defective if police officers enter without prior announcement, law enforcement interests may also establish the reasonableness of an unannounced entry.

translated: we won't spell out every law enforcement interest because they should be viewed on a case by case basis. We hold that a no-knock might be defective and unreasonable but law enforcement interests must be considered in the reasonableness analysis.

Simply put, Wilson v. Arkansas does not set the precedent you think it does.
 




we have reached such lows that stuff like this is in and out of the news cycle before anyone can comprehend how ****ed it is. a witness prepared to testify that ICE systematically sexually assaulting detainees at a detention facility was just randomly deported. law and order though.


these lowlife perverts are a threat to our society & need to be locked up ASAP
 
damn fellas so i posted something similar to this on FB under an article & almost instantly I got a warning from FB for using "hate speech" & threaten my account would be banned if it happened again. i thought this only happened in the CCP?

sorry this happened to you.

facebook is a major player in the white power game. look at the trending topics, the people who get attention and likes, and how the company continues to mask itself despite the glaringly obvious signs of widespread disinformation they're pumping.

best bet is to not support that company. or instagram. or whatsapp. there are alternatives
 
the level of acceleration these days is really haunting me.

i really feel like we're headed toward civil war or a type of massive unrest where certain "civilians" will be preying on people openly in support of this trump dictatorship.

the fires that have blazed in oregon have made people in more rural areas (like just 20 mins outside of portland) take up automatic rifles and set up vigilante checkpoints with full approval and support of local police deeming anyone who either is a person of color, anyone suspected of being a left wing supporter or anyone who doesn't look like their sister married their father worthy of harassment and violence. this all seems to be reverberating throughout the country at an alarming rate
 
the level of acceleration these days is really haunting me.

i really feel like we're headed toward civil war or a type of massive unrest where certain "civilians" will be preying on people openly in support of this trump dictatorship.

the fires that have blazed in oregon have made people in more rural areas (like just 20 mins outside of portland) take up automatic rifles and set up vigilante checkpoints with full approval and support of local police deeming anyone who either is a person of color, anyone suspected of being a left wing supporter or anyone who doesn't look like their sister married their father worthy of harassment and violence. this all seems to be reverberating throughout the country at an alarming rate
Amen! Stock up on guns and ammo! And then come join me, aepps20 aepps20 and DLF DLF at our PATRIOTIC checkpoint, my friend. Let's stop these LIBS and ANTIFA from encroaching on our GOD GIVEN RIGHTS to control the people that dont look like US. By that I mean PATRIOTS.
 
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