Pubdate: Thu, 16 Oct 2003
Source: Oklahoman, The (OK)
Copyright: 2003 The Oklahoma Publishing Co.
Contact:  http://www.oklahoman.com/
Details: http://www.mapinc.org/media/318
Author: Gina Holland, Associated Press Writer
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

SUPREME COURT TO FIND IF POLICE RAIDS WILL WAIT

WASHINGTON -- A case involving a drug suspect
who emerged from a shower to find armed officers in his apartment is
giving the Supreme Court a chance to clarify how long police must wait
before breaking into a home to serve a warrant. While some justices
seemed sympathetic to the plight of the soapy suspect during arguments
Wednesday, they did not appear ready to give officers a strict time
limit.

Police are concerned that flushing away drugs or other evidence being
sought could take only seconds, several justices said.

The case presents the issue of what is a reasonable wait before
officers can presume they are being denied entry. Justices have never
directly considered how long is required.

LaShawn Banks brought the case. His shower was interrupted in 1998
when masked and heavily armed officers entered his Las Vegas apartment
to look for drugs. They had knocked and announced themselves, then
waited 15 seconds to 20 seconds before using a battering ram to break
down the door.

Banks' lawyer, Randall Roske, told the justices that amount of time
"is virtually nothing at all if you're in the bathroom on the toilet,
in the bedroom naked."

But Bush administration lawyer David Salmons said the time was
painfully long enough to the officers, who worried that he was
destroying evidence or preparing for a confrontation.

Salmons argued that 15 seconds to 20 seconds is "nowhere close to the
constitutional line," and to rule otherwise "poses threats to officers
on the front lines."

The Supreme Court has said that in most cases officers are required to
knock and announce themselves, under the Constitution's Fourth
Amendment ban on unreasonable searches. Exceptions exist, though.

For example, police can enter if they have reason to believe a suspect
would be dangerous or destroy evidence. Officers usually must get a
special warrant from a judge for a no-knock raid, but sometimes can
make on-the-scene judgments.

The Las Vegas police and federal officers found 11 ounces of crack and
three guns during the raid of Banks' apartment. He served four years
of an 11-year prison sentence before his conviction was overturned.

Justice Antonin Scalia questioned if an officer should not have to
wait a little longer than usual "before he rips my door down."

Another concern was about whether someone could ask for a copy of the
warrant first.

"Does it make a difference if the person says 'Wait a minute, I'm in
the shower. I'm coming?'" Justice Sandra Day O'Connor asked.
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