Quote (theCrossbones @ Sep 25 2020 10:37am)
How do courts come to terms with the "no knock" permission and the conflict of the 4th Amendment. Has anybody ever laid this out? Probable cause would have to be SUPER high IMO.
Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
unfortunately not. in america on a warrant application "search for present narcotics" = "guns likely also present"
dude i went to highschool with was the small town's pot dealer. one day he got a big drop off, like 2 pounds in 4 deliveries all a HP each. cops waited until all 4 deliveries, then when the last one was in came in guns blazing. all because one informant said he might have a gun, he didnt, only weapon present was a dull buck knife.
try to remember phrases like "probable cause", "reasonable suspicion", etc aren't the same as how we'd use them talking. they're legal terms based on hundreds of years of caselaw precedent. many of these "reasonable" things are still very objectionable.