Privacy Case May Rest on Alito Vote

Supreme Court Justice Samuel A. Alito Jr. may cast the decisive vote in a case challenging the rule requiring police to "knock and announce" themselves. (By J. Scott Applewhite -- Associated Press)

"People should have the right to answer the door in a dignified manner," Moran said.

Alito posed few questions, but those that he did ask implied that he sympathized with the state.

He asked Moran what difference it would have made in the case if the officers had waited 10 seconds before going in -- that is, more than the three to five seconds they waited, but fewer than the 15 seconds Moran proposed as a minimum.

For such a small violation, Alito asked, "Why would suppression [of the evidence] be proportional?"

Moran explained that the exclusionary rule was needed for deterrence, but his response did not satisfy Alito.

"You've contradicted your premise," the justice told him.

This contrasted with the tone O'Connor struck during the Jan. 9 argument, in which she suggested to Michigan's lawyer, Timothy A. Baughman, that "if the rule you proposed is adopted, then every police officer in America can follow the same policy. Is there no policy of protecting the homeowner a little bit, and the sanctity of the home from this immediate entry?"

A decision is expected by July.