From:"Leon" <leon@fear.org>
To:fear-list@mapinc.org, fear-talk@mapinc.org
Cc:kfelkins@earthlink.net, keithf@tecelectric.com, farmercs@erols.com
Subject:FEAR: Marlinga addresses '20 second rule' in memo to officers
Date:Sat, 06 Dec 2003 11:51:02 -0600


Well so much for the Bill of Rights. I quote Jay Leno: 

"As you may have heard, the U.S. is putting together a constitution for
Iraq. Why don't we just give them ours? Think about it -- it was written by
very smart people, it's served us well for over two hundred years, and
besides, we're not using it anymore." 

This is a wonderful opportunity for American enterprize to come to fore --
invent a device to sell to every home that will automatically open the door
in 20 seconds if cops are knocking and you happen to be in the shower or
out playing with the dog in the back yard. How to know it is a cop? Well
another thing to sell would be an id card for cops with scan code -- just
like the card key used for many motels now. 

Might as well make some money off the fast growing police state!

Leon


>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
 Marlinga addresses '20 second rule' in memo to officers

By Chad Halcom, Macomb Daily Staff WriterDecember 05, 2003

Macomb County's top law enforcement official is telling police officers not
to get too literal with the so-called "20 second rule" they may have heard
from pundits and the media about cops entering homes for search and
seizure. 
After all, the courts didn't draw a hard line and each case is unique.

This week, Macomb County Prosecutor Carl Marlinga said, he has been sending
out a memorandum to every local police agency interpreting the Tuesday
ruling of the U.S. Supreme Court about the practices for entering homes on
a search or arrest warrant.

"I was just concerned about this and felt I should do something," Macomb
County prosecutor Carl Marlinga said. "Just in case police began purchasing
stop watches to begin timing every entrance and search of a home during
their investigation."

Marlinga said he is concerned that police executing drug raids or searching
homes for evidence will believe erroneously that they must wait a minimum
of 20 seconds between announcing their presence and breaking down a door.
At least three different national news agencies and wire services, however,
reported accurately that the high court did not set any such arbitrary
rule.

In fact, the court did acknowledge that the circumstances of each search
are unique, and the only real rule of thumb is that there must be some
interval of time between knocking or announcing police presence and a
forced entry.

"The old rule of law is, a man's home is his castle and shouldn't I at
least have a chance to answer the door?" said Stephen Rabaut, a Macomb
County defense attorney of many years. "I'm a little disappointed in this
ruling, because if police always apply it to go by a 20-second rule, that's
a little quick to the switch in some cases."

. . .

[continued at
<http://www.zwire.com/site/news.cfm?newsid=10618653&BRD=988&PAG=461&dept_id=
141265&rfi=6>]

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