Hudson v. Michigan Handed Down
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. The vote on the result was 5-4. Justice Antonin Scalia wrote the main opinion in Hudson v. Michigan (04-1360) — a case that had been argued twice during this Term. A part of Scalia’s opinion had the support of only three other Justices.
The 5-4 vote isn’t surprising, given that Hudson was a reargued case with Alito being the fifth vote. I’ll have a link and a few thoughts on the opinions as soon as they are available. (In particular, it will be interesting to see what splintered the Court, and whether it has any impact on the bottom line.)
For some of my initial thoughts on the issues raised by the Hudson case, see my post at the VC here.
10:35 Update: Lyle’s updated version of his description of Hudson now says this:
The Supreme Court, in a 5-4 decision, ruled on Thursday that a violation by the police of the “knock-and-announce” rule when they enter a home does not bar the use of evidence gathered in the search. Justice Antonin Scalia wrote the majority opinion in Hudson v. Michigan (04-1360) — a case that had been argued twice during this Term. A part of Scalia’s opinion, saying that the result was dictated by the Court’s prior precedents, had the support of only three other Justices.
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