Read more about #Evavold case: Battle Over Free Speech Sends Blogger to Jail
REALLY? WAS THIS NECESSARY?
Nothing like a “no-knock” warrant to spice up your life! Coming home to 5 detectives, a US marshal, and a police officer already in your house is a bit unsettling. Having your electronics and documents taken is also unnerving. I can’t say I wasn’t expecting it, but one can never really prepare for it. Many of Sandra Grazzini-Rucki’s friends have been harassed and/or had searches conducted in their homes.
Keep in mind that we are well on our way to a police state. 25 ways that cops doing their jobs are turning us into a police state
Search Warrant and Inventory Receipt
(Click on documents to zoom-in)
As a general rule, cops can never break down your door to enter your home in a forced entry. Before entering your home, officers must knock, announce their presence, and wait for you to come to the door like you would for any other visitor. This requirement is called the “knock-and announce” rule. The purpose of this rule is to allow people an opportunity to respond so that violence can be averted and privacy protected. Keep in mind, however, that this is only a general rule. Once the cops knock and announce their presence, they only have to wait a reasonable amount of time for you to come to the door. If you do not come to the door, they are permitted to make a forced entry.
(I’m assuming a battering ram was used to bash in my garage door)
The issue that usually arises is what is a reasonable time for officers to wait before a forced entry? The Supreme Court has upheld forced entries after the cops only waited 15-20 seconds. Courts don’t generally require the police to wait for extended periods because of concerns that defendants will try to dispose of evidence before the police enter. If the police do not knock and announce as required, most courts will not automatically find that the police entry and search were illegal. Instead, they will just consider it a “factor” in determining whether the forced entry in your home and subsequent search were reasonable.
Photo of returned items.
The names of the personnel who were present:
Detective Jim Dronen
Detective Kelli Coughlin
Detective Dave Watson
Detective Rick Hakanson
Detective Russ Helmueller
Inspector Matt Moran-US Marshals Service
Officer Eric Jensen-St. Cloud Police Department
Detective Kelli Coughlin
Detective Dave Watson
Detective Rick Hakanson
Detective Russ Helmueller
Inspector Matt Moran-US Marshals Service
Officer Eric Jensen-St. Cloud Police Department
~STAY TUNED FOR FURTHER UPDATES ON THE GRAZZINI-RUCKI CASE~