The Supreme Court ruled yesterday that police needn’t wait after knocking before executing a search warrant. They can just bang down the door. And here is the supposed genius Antonin Scalia’s reasoning.
Scalia’s opinion focused on the guilty defendants who go free when otherwise valid evidence is thrown out of court. He concluded that that “social cost” is too high in relation to whatever additional privacy protection residents get from the “knock and announce” rule.
“Resort to the massive remedy of suppression of evidence of guilt is unjustified,” Scalia wrote.
Scalia argued that the law enforcement landscape has changed dramatically since 1961, when the Supreme Court first imposed an exclusionary rule on the states to protect against warrantless searches. Today’s police are more professional than those of 45 years ago, he observed, and there is “increasing evidence that police forces across the United States take the constitutional rights of citizens seriously.”
Never mind the slur against cops of the past, who apparently weren’t professional. Anyone who has been around cops knows that their objective is preserve the peace and catch the bad guys. The constitution is to be stretched as far as possible to achieve those ends. That’s not a knock against them. They’ve got a job to do. The courts are to be a restraint, but not to Scalia and four other justices. Look for the “social cost” of anti-discrimination laws to be next in Scalia’s crusade.
But my question to The Washington Post is this: What does the photo of the defendant in this case add to the story? If one is needed, wouldn’t a photo of Scalia or Breyer, who wrote the dissenting opinion, be more appropriate? Or does The Post bias the story by showing us the defendant’s mug shot.
Oh, and by the way, thanks again to the Senate Democrats who didn’t have the guts to filibuster Alito’s nomination.