Thanks to the Roberts Court, there’s no penalty for ignoring a key 4th Amendment protection.
The Nation, By Paul Butler, September 24
Hudson v. Michigan (2006) is one in a series of cases in which the Roberts Court has blessed police officers with extraordinary power. This power authorizes cops to engage in the kind of violent and undemocratic policing that make places like Ferguson and Baltimore look less like American cities and more like the outposts of some totalitarian regime.
The scandal, it turns out, is not bad-apple cops. The scandal is that the conservative justices on the Roberts Court have provided the legal framework for black lives not to matter to the police.
The Constitution be damned: This was apparently the perspective of a Detroit police officer named Jamal Good, who admitted that he routinely violated the long-standing requirement that police “knock and announce” their presence before entering a home. Good found that the Fourth Amendment—with its pesky insistence that searches be reasonable—limited his ability to obtain evidence, so he simply ignored it.
Usually, the Supreme Court decides whether there has been a violation of the Constitution. In Hudson, the Court faced a different question: When a cop admits that he has broken the rules, should there be any meaningful sanction? The issue was whether the classic remedy for Fourth Amendment violations—the “exclusionary rule,” which renders evidence collected through unconstitutional means inadmissible in criminal court—applies to the knock-and-announce rule. In a 5–4 decision, the Court held that it does not.