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Thursday, June 15, 2006

CNN.com - Police don't have to knock, justices say - Jun 15, 2006

CNN.com - Police don't have to knock, justices say - Jun 15, 2006

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now contemplate this next point...


"No Knock" Meet "Castle Doctrine"

By Nathan Newman - TPMuckraker

Two conservative legal doctrines are on a collision course. Today, the rightwing majority upheld the right of the police to enter homes without warning.

But recently, states like Florida have been passing NRA-backed "Castle Doctrine" bills that give homeowners the right to assume an unknown intruder is there to do bodily harm and can therefore be shot without any obligation by the homeowner to establish that the intruder is actually a danger.

Now, the text of such Castle Doctrine laws don't actually protect you if you shoot a police officer, but if the police don't identify themselves when they enter a home, it'll create a pretty bad legal tangle for juries when defendants can claim they thought the officer was an unknown intruder against whom they had the right to shoot on sight.

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