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Police Search May Divide Supreme Court
Alito also focused on whether there was a connection between the failure to knock and wait, and the finding of evidence.
Scalia, in response to Alito's questions, said the drugs would have been found either way. He also said the government acknowledged the mistake in the search and has a good argument that "the punishment for it should not be to let the criminal go."
  U.S. Attorney General Alberto Gonzales, left, shakes hands with Dallas Police Lt. Mike Holder during a tour of a south Dallas neighborhood, Thursday, May 18, 2006. Gonzales announced grants to the Dallas and Forth Worth police departments to aid their anti-gang efforts. (AP Photo/LM Otero) (Lm Otero - AP) Save & Share |
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Another justice who could be crucial to the outcome is Justice Anthony M. Kennedy, a moderate swing voter. During the January argument, Kennedy called the issue "troublesome," but seemed most supportive of police. He also appeared conflicted Thursday.
During the January argument, O'Connor worried aloud that police officers around the country may start bursting into homes to execute search warrants. She asked: "Is there no policy of protecting the home owner a little bit and the sanctity of the home from this immediate entry?"
The case is Hudson v. Michigan, 04-1360.
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