The Supreme Court of the United States just gave police officers permission to evade the fourth amendment at will.  Eight justices signed off on this deal; Justice Ruth Bader Ginsburg dissented forcefully.

At issue is the meaning of the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Supreme Court has traditionally concluded that “searches and seizures inside a home without a warrant are presumptively unreasonable.”  The only exception to this rule is when police are dealing with “exigent circumstances”.

What is an exigent circumstance?  Risk of death of serious bodily injury qualifies as exigent.  The likely escape of a criminal suspect makes the grade.  Finally, police officers can smash open your door if they have reason to believe that evidence is being destroyed.

But there used to be a catch.  Police officers were not allowed to create an exigent circumstance by banging on the door or shouting.  If signs that evidence was being destroyed inside a private dwelling existed when the police arrived at the scene, they could enter the home without a warrant; but they could not stimulate the destruction of evidence by announcing their presence.  (more…)