From The S.F. Chronicle
Editorial

If President Bush can authorize a warrantless spy program on American citizens, perhaps it should come as no surprise that the U.S. Supreme Court has now given law enforcement the authority to enter homes without a warrant, or even knocking beforehand.

This unsettling decision stems from an incident five years ago in which four officers arrived at a home and witnessed a fight between a teenager and adults through a window. Once inside, the officers discovered cocaine in the home.

The case went to Utah’s Supreme Court, where a trial judge’s decision to throw out evidence from the search was upheld. The judge rightly ruled that the police violated the Fourth Amendment’s ban against unreasonable searches by failing to knock before entering the house.

The Fourth Amendment does allow for certain emergencies, namely, when officers believe that an occupant is injured or threatening harm, but the Utah Supreme Court found that there had been “no immediate serious threat” that justified entering the home without first obtaining a warrant.

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