Daily Archives: June 15, 2006

I’d be interested in knowing whether the originalists in the audience approve of Section III(b) of Justice Scalia’s opinion in Hudson v. Michigan, in which he applies the 1980s-vintage balancing test for whether suppression is appropriate by noting recent trends … Continue reading →

At least based on my initial read of Hudson v. Michigan, it seems to me that the legal rule announced by the Court’s majority opinion could be either of these two rules: 1) Violations of the knock-and-announce rule do not … Continue reading →

One of the debates between Justice Scalia’s majority opinion and Justice Breyer’s dissenting opinion in the new knock-and-announce decision, Hudson v. Michigan, is which opinion is more consistent with the Court’s Fourth Amendment precedents. According to Scalia, automatic suppression for … Continue reading →

The Supreme Court’s 5-4 decision in Hudson v. Michigan is now available here. I’ll have a few substantive thoughts in a moment, but for now just let me note the oddity of a majority opinion by Justice Scalia citing a … Continue reading →

Lyle Denniston reports: The Supreme Court, in a splintered decision, ruled on Thursday that a violation by the police of the “knock-and-announce” rule when they enter a home does not necessarily bar the use of evidence gathered in the search. … Continue reading →