Sunday, June 18, 2006

Booker T Hudson v Michigan:pdf

The liberals claimed that if Bush were reselected he might appoint conservative judges to roll back fourth amendment civil liberties.
Alito made the 5th vote, with Kennedy concurring.
Police searched Booker on a no-knock entry. The court upheld his conviction.The 4 liberals left on the court dissented.
I see no record of whether the courts below ruled on state constitutional grounds - I haven't read the opinions below.
But now state constitutions can be the source of challenges to this opinion.
The knock and enter rule is deeply rooted in the common law.
States are free to find that state constitutions incorporate the exclusionary rule and the knock and enter rule.

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