High Court to Hear Police Search Case

[Khephra]

High Court to Hear Police Search Case
By THE ASSOCIATED PRESS

Published: October 14, 2003


Filed at 2:23 p.m. ET

LAS VEGAS (AP) -- LaShawn Banks says the shower drowned out the noise of police banging on his apartment door before he stepped out of the bathroom, naked and soapy, to find masked, heavily armed officers in his home.

snip........

On Wednesday, the case reaches the U.S. Supreme Court, which will hear arguments that could set the standard for how long police with a warrant have to wait between knocking on a suspect's door and breaking it down.

``A man's home is his castle,'' said Banks' lawyer, Randall Roske. ``A citizen has the right to respond to the door and assure themselves that the person at the door is actually a law enforcement officer.''

Police testified they waited 15 or 20 seconds and did not hear a response before breaking down Banks' door. But the 9th U.S. Circuit Court of Appeals said that was not enough time, and ruled that police violated Banks' Fourth Amendment right against unreasonable searches.

more.............

http://www.nytimes.com/aponline/national/AP-Scotus-Police-Searches.html

[jiacinto]

1. The 9th will be reversed

nt