Tuesday, February 25, 2003
Copyright © Las Vegas Review-Journal

EDITORIAL: Knock, knock

In 1997, the U.S. Supreme Court ruled that police must knock and announce themselves before conducting a search unless they have reason to believe a suspect presents a danger or might destroy evidence if alerted to the raid.

But have they met that burden if they wait five seconds ... 10 seconds ... 20 seconds ... a minute before entering without the consent of the owner? A North Las Vegas case now before the high court will give the justices the opportunity to clarify the 1997 decision.

The case involves Lashawn Lowell Banks, who was in the shower of his Clark County apartment when police came knocking, armed with a warrant. After waiting 15 to 20 seconds, the cops broke down his door to find Banks naked in his bathroom.

The 9th U.S. Circuit Court of Appeals said the police action violated the Fourth Amendment.

It is difficult to see the justices telling police to arm themselves with stop watches to ensure they've complied with some sort of specific legal time limit.

Nonetheless, it would seem the problem could be solved on a case-by-case basis when law enforcement officials seek judicial approval for search warrants in the first place. If the police can show they face serious danger or risk the loss of evidence while executing a lawful warrant, let the issuing judge stipulate the allowable procedures within the Supreme Court's constitutional guidelines.

But judges must constantly be aware that giving police too much leeway to routinely bust down doors in search of evidence will be a blow to the freedoms Americans have enjoyed for more than 200 years.