Pubdate: Wed, 10 Dec 2003
Source: Herald, The (SC)
Copyright: 2003 The Herald
Contact:  http://www.heraldonline.com/
Details: http://www.mapinc.org/media/369
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

WHEN TO BUST DOWN A DOOR

Many people might find it difficult to answer the door within 20 seconds, 
especially is they are taking a shower. Nonetheless, 20 seconds strikes us 
as a reasonable time for police to wait before knocking down the door to 
serve a warrant on a suspected drug dealer. That, in effect, was the 
unanimous ruling of the U.S. Supreme Court last week. Although the justices 
did not cite a specific time limit, they did say the brief delay was 
adequate in the case on which they ruled.

At issue was whether the police moved too quickly to break into the 
apartment of LaShawn Banks, a suspected drug dealer. Banks had emerged wet 
and naked from the shower to find armed police in his living room. He 
contended that the police had not given him a fair opportunity to answer 
the door.

But the argument of police apparently was more compelling to the justices. 
The unanimous opinion noted that waiting much longer than 20 seconds to 
break down the door gives a suspect time to flush evidence down the toilet.

Justice David Souter, writing for the nine justices, said while "this call 
is a close one, we think that after 15 or 20 seconds without a response, 
police could fairly suspect that cocaine would be gone if they were 
reticent any longer."

Police are required to announce their presence before beginning a search. 
Failure to do so, except in cases where they have reason to believe a 
suspect would be dangerous, is a violation of the fourth Amendment ban on 
unreasonable searches.

But police also have to be able to do their jobs. They can't expect to 
capture evidence if they allow too much time for suspects to answer the door.

While legal scholars say this ruling gives a great deal of deference to 
police, it seems more accurate to say that it defers to enforcement of the 
law by providing reasonable limits on police procedures.
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MAP posted-by: Jay Bergstrom