Friday, July 30, 2010

What happened to the Fourth Amendment?

Several rulings came out of the Wisconsin Supreme court dealing a blow to the Fourth Amendment.  As we go over these decisions keep in mind the importance of knowing your rights as we face the erosion of our right against unreasonable searches and seizures.

There were a total of six cases, we'll discuss the two with arguably the largest impact for the citizens of Wisconsin.

In State v. Pinkard, No. 2008AP1204-CR, Police Officers received an anonymous tip regarding two persons sleeping in their home with cocaine, scales, and cash inside.  When officers arrived at the home they knocked and announced their presence.  When there was no answer, the Officers decided to enter the home without a warrant.  Sound like an illegal entry?  The court ruled that the officers could have been "concerned" about the occupants overdosing on drugs and found the search to be legal.

The second case we'll discuss also deals with a search of a house.  When you read these two cases together, you'll notice an interesting dynamic as pointed out in the dissenting opinion.  State v. Robinson, No. 2008AP266-CR, deals with a case where officers knock and announce their presence at a home.  When they heard running footsteps they decided to break into the house without a warrant.  Most would think this to be an unlawful entry.  The court ruled that the warrantless entry was justified under exigent circumstances to prevent the destruction of evidence.

In the dissenting opinion, Justice Bradley points out a fundamental problem with these rulings:  "If the suspect opens the door, that suspect may be found have voluntarily consented to the search [Artic]. If the suspect refuses to open the door and officers hear movement inside, there may be exigent circumstances due to the possibility of the destruction of evidence [Robinson]. If no one answers the door, concern for the well-being of the occupants of what sounds like a drug house may justify entry under the community caretaker exception [Pinkard] (emphases in original)."

Basically, Officers in Wisconsin can enter your home without a warrant virtually anytime.  Sorry Wisconsonians, What happened to the Fourth Amendment?

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