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VIN SUPRYNOWICZ: Supreme Court ruling OKs cops storming our bedrooms

There were some adolescent smirks among the crowd as the U.S. Supreme Court solemnly deliberated the case of Max Rettele and Judy Sadler this spring. How odd, then, that -- as with the dog that did not bark in the famous Sherlock Holmes story -- no one seems to have noticed the most important thing about this 6-year-old case was the question that no judge ever asked.

At 7 a.m. on Dec. 19, 2001 (the earliest moment police could act, because they had no "nighttime endorsement,") the Lancaster, Calif., couple were in bed in their home when Los Angeles County sheriff's deputies in possession of a search warrant banged on the front door.

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  • Chase Hall, Ms. Sadler's 17-year-old son, opened the door to find five deputies leveling guns in his face. Rather than present their warrant and give anyone a chance to read it, the cops ordered the youth to the floor and fanned out through the house.

    Three deputies burst into the bedroom, ordering Mr. Rettele and Ms. Sadler -- who had bought the home three months before -- to get out of bed and show their hands. Police denied them permission even to grab a sheet or blanket to cover their nakedness.

    A few minutes later, the deputies apologized to the couple and decided they would be allowed to clothe themselves. Although the address on the warrant matched the couple's residence, it soon became evident the targets of the search, three suspected identity thieves, had moved out before Mr. Rettele and Ms. Sadler moved in.

    The suspects being sought were African-Americans; Rettele and Sadler are unmistakably white.

    Not placated by the deputies' apologies, the couple sued the officers and Los Angeles County, complaining they had been victims of an "unreasonable search" in violation of the Fourth Amendment. A federal district judge rejected the lawsuit, but the 9th U.S. Circuit Court of Appeals said it could go to a trial.

    The appeals court reasoned that even a brief glimpse of the bed's occupants should have alerted the deputies they "were not the subjects of the search warrant and did not pose a threat to the deputies' safety." Therefore, if allowed to hear the case, a jury might conclude the search was "unnecessarily painful, degrading or prolonged."

    To which the Supreme Court responded: "We need not pause long in rejecting this unsound proposition." Why? Because when the deputies ordered Rettele and Sadler out of bed, "They had no way of knowing whether the African-American suspects were elsewhere in the house," the justices figured. As for the refusal to let the couple cover themselves, the court noted "blankets and bedding can conceal a weapon."

    So can pants and shirts. Can cops order every resident of a house being searched to immediately strip naked, "just in case"? Where in the Constitution does it say that police can disarm every resident of any building to be searched, anyway? In fact, the Second and 14th amendments say just the opposite. Till arrested, we can bear arms. The documents grant no exceptions for "hypothetical officer safety."

    Only Justice David H. Souter would have joined the 9th Circuit in letting a jury decide.

    Yet, during this whole six-year legal rigmarole, no one appears to have asked the most important question:

    Why wasn't the owner of that house -- Judy Sadler -- allowed to dress and come to the door to read that warrant?

    Back in the quaint and ancient days before 1970, Americans used to speak of what police did with such pieces of paper as "serving a warrant." What that phrase meant was that police were expected to ring the bell or knock at the door, identify themselves and present their warrant, giving the occupants a few moments to scan the document and confirm (however reluctantly) that -- yes -- police had the correct address. At that point, law-abiding citizens were expected to echo the words of a well-known Grateful Dead song: "If you got a warrant, I guess you're gonna come in."

    Accommodations have long been made for police to ask judges -- on rare occasions -- for special "no-knock" warrants. Initially, this required some evidence that the building housed a gang of known killers who could be expected to use a few moments' warning to rack the bolts on their Tommy guns.

    Later, these exceptional "no-knock" warrants might be sought if there was reason to believe a drug dealer might use those few moments to flush his stash down the toilet.

    (In fact, drug users can flush their stashes; actual drug dealers would need a toilet bigger than a hot tub. But police call every drug user a "dealer" to cover up how often they accept bribes to leave the real dealers in peace.)

    As the Florida Supreme Court ruled in the 1994 case Florida v. Bamber, however, "No-knock warrants are disfavored under the law and limited largely to those states that have enacted statutory provisions authorizing their issuance. In fact, 'The prevailing ... view is that a magistrate may not issue a so-called no-knock search warrant in the absence of such a statutory provision.' (Wayne R. LaFave, 'Search and Seizure,' 1987) ...

    "A strong presumption existed against the validity of no-knock searches at common law. (Benefield v. State of Florida, 1964)," the Florida court continued. "In fact, it is generally recognized that police have been required to knock and announce their authority and purpose before breaking into a home since time immemorial. ...

    "Judge Prettyman for the Court of Appeals in Accarino v. United States discussed the history and reasons for it. ... The law forbids the law enforcement officers of the state or the United States to enter before knocking at the door, giving his name and the purpose of his call.

    "There is nothing more terrifying to the occupants than to be suddenly confronted in the privacy of their home by a police officer decorated with guns and the insignia of his office."

    (How quaint -- as though plainclothes cops storming into homes at or before the crack of dawn still display recognizable "insignia of office.")

    "This is why the law protects its entrance so rigidly. The law so interpreted is nothing more than another expression of the moral emphasis placed on liberty and the sanctity of the home in a free country. ..."

    The constitutional requirement of announcement serves a number of most worthwhile purposes, the Florida court noted: "decreasing the potential for violence"; "protection of privacy"; and "preventing the physical destruction of property," such as caved-in doors.

    "As to the first of these, it has been cogently noted that an 'unannounced breaking and entering into a home could quite easily lead an individual to believe that his safety was in peril and cause him to take defensive measures which he otherwise would not have taken had he known that a warrant had been issued to search his home,' " while, on the second count, "Notice minimizes the chance of entry of the wrong premises by mistake and the consequent subjecting of innocent persons to 'the shock, fright or embarrassment attendant upon an unannounced police intrusion.' "

    Which takes us right back to Dec. 19, 2001, in Lancaster, Calif., doesn't it?

    Sheriff's deputies burst into the home of Mr. Rettele and Ms. Sadler looking for three men wanted in connection with a fake ID and identity theft ring. Are folks in that line of work generally presumed to be unusually trigger-happy? I don't think so. They sure can't flush all the massive equipment needed to make those fake IDs down the toilet.

    That's why this was not a "no-knock" warrant.

    So why weren't those L.A. sheriff's deputies fired or imprisoned for barging into that couple's bedroom with guns leveled -- an unnecessary act that would constitute the crime of "assault" if you or I tried it -- when the warrant in their possession authorized them only to knock at the door and enter and search in a civil manner after presenting their warrant for inspection during normal daylight hours?

    By now, of course, any police officers reading this are rolling in the aisles. They know -- even if the average American hasn't yet been formally notified -- that there's really no more "no-knock" distinction, because we now live in a full-fledged police state where all warrants are presumed to convey "shout-once-and-storm-in" authority.

    I warned you it would come to this, as the Supreme Court in successive rulings gradually shaved down the amount of time cops are supposed to wait after knocking on a door, all based on the absurd and freedom-destroying "might flush the drugs" argument (as though the Constitution authorizes the central government to concern itself with what plant extracts we possess and consume in our own homes, in the first place).

    Why is this bad?

    Does no one recall the death of 88-year-old Kathryn Johnston in Atlanta last November?

    On Nov. 21, Atlanta police planted marijuana on Fabian Sheats, a "suspected street dealer." They told Sheats they would let him go if he "gave them something." Sheats obligingly lied that he had spotted a kilogram of cocaine nearby, giving them the address of the elderly spinster Miss Johnston, who neither used nor dealt drugs, but who did live in fear of break-ins in her crime-infested neighborhood.

    Police then lied to a judge, claiming they had actually purchased drugs at the Johnston house, acquired one of those once-rare "no-knock" warrants, and violently battered down the reinforced metal door of a private home where there were no drugs.

    Next week: What happened to Miss Johnston -- and to the entire Atlanta Police Department Narcotics squad.

    Vin Suprynowicz is assistant editorial page editor of the Review-Journal and author of the novel "The Black Arrow." See www.LibertyBookShop.us.



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    Talen Storla wrote on July 11, 2008 09:58 AM: The USA is a tyrannical police state run in the interests of big industry and their cronies which includes the politicians.
    That is why I left the USA some time ago for a better country, one where the police aren't running amok with excess power and I can enjoy my life free from unwanted government interference.
    Once I have been where I am long enough I will get citizenship so that I can divest myself of the inconvenience of US citizenship!


    deuce wrote on August 03, 2007 10:41 PM: I guess none of ya'll live in small towns in east texas... I have long hair. If Im stopped in my car Im searched, if Im fishing Im questioned and searched. If Im spotted by a cop after midnight, Im stopped. I break no laws best I can, but I have 2 tickets and 6 warnings in 7 months. What am I supposed to think? Im free????whatever............


    Trip wrote on June 04, 2007 12:39 AM: If this, or anything like this, ever happens to me and my family, I will assume that my home is being invaded, and there will be some dead police officers laying in front of me. No one will take my freedoms, unless they pry them from my cold, dead hands.


    sky wrote on May 30, 2007 12:00 AM: This things have been happening for some time. It just hadn't happen to white americans. But we don't need vigilantes out there either. Little by little we are starting to lose our freedoms. What will come next. You have all seen it but have avoided it. You really don't want to see what is really going on.


    Paul Weber wrote on May 29, 2007 03:43 PM: Just another thought: do police, on the whole, benefit personal liberty, or destroy it? I would have to say they do much more damage than good.

    Remember, police hardly ever arrive at the scene of a crime in time to prevent it. They almost always arrive after the fact, conduct an investigation, and occasionally arrest the wrongdoer.

    Would we not be better off if we reduced the number of police to the bare minimum needed for such after-the-fact investigations, and encouraged free citizens to arm themselves and protect their persons and property?

    How much do we really need police? For much of the nineteenth century, most major cities got along fine without them.


    Paul Weber wrote on May 29, 2007 03:35 PM: The so-called "conservatives" repeat the mantra that all these extraordinary police powers are nothing to worry about "if you have nothing to hide."

    I wish we could tell that to Kathryn Johnson, but unfortunately, she's dead.

    I'm convinced this sort of thing goes on all the time. It's not reported too much because--let's face it--most of the victims tend to have dark skins and live in parts of towns where good folks don't go.

    Just give it a little time, though, and the Sturmabteilung will feel perfectly comfortable breaking into the homes of "respectable" folks just as they now do with minorities.


    Jim Davidson wrote on May 29, 2007 12:36 PM: The government of the USA is a tyranny in fact. It would be mistaken to suppose that the tyrant's courts are any place to resolve the issue. What is necessary for a free person to remain free? All that is necessary is that he defend his freedom. In my view, that means using up to deadly force, when, as, if, and how he sees fit. Anyone who thinks otherwise, in uniform or not, is a stooge for tyranny.


    Jon Hamel wrote on May 29, 2007 07:51 AM: As Vin has reminded us many times, although we in theory live in a Republic governed by the Rule of Law, in truth we live in a majority rule Democracy where our Constitution is re-interpreted by the courts based on the political whims of the time. The politicians have sold the voter on a Law and Order platform over the years, and the cumulative results are now manifested in the loss of liberty and freedom. Vin spoke of just one such loss, i.e. No knock entry to private property. But, do we all remember the eminent domain ruling by our Supreme Court? We must remember how the outrage of the people, caused the politicians to pull back from their ill-gotten power for the sake of staying in power, and to stay in the favor of the people. Let that be a lesson to us all, if we want to regain our natural human rights that were recognized by our forefathers, we are going to have to fight for them. It’s time to get mad folks . . . lets all speak out loud and clear.


    T. M . Bradley wrote on May 28, 2007 05:46 PM: The Editorial about the Police storming into the house in Lancaster, only to realize that they had the wrong people.. not only greatly concerns me but brings forth a growing concern here in Las Vegas.
    I have lived here for 36 years and each year I see more & more flagrant abuse of power by METRO.
    I am only one person and I have had several "run ins" with Police that were not my fault, but I was treated badly, in one case the Police Officer wanted to fight!
    It seems that once these young men and women graduate from the Police Academy, that very same day that they receive their Badge and Gun, the rest of us become second class citizens, to be abused.
    What ever happened to "To Protect & To Serve", instead of "To harass & Insult".

    T. M. Bradley


    Louise Felton wrote on May 28, 2007 03:34 PM: Does anyone doubt yet that, due to our laziness, this government is out of control? It all starts at the top. And that is how Hitler started.


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