Comment by _heimdall
3 hours ago
Unreasonable search is always under attack though. There are many instances today of cops forcibly entering a home claiming nothing more than a welfare check, or "we received a call."
Edit to add that its also more difficult than it should be to protect and exercise the right against unreasonable search. If a cop knocks on your door its a consent-based interaction. You can simply not respond, but if you do happen to crack the door they can and will look in for any signs to claim as probable cause. Further there are cases where a person stepped out to talk and when they turned around and walked inside the cop slid right in behind them and later claimed in court the open door was implied consent. (I don't have a link to the court docs unfortunately.)
>There are many instances today of cops forcibly entering a home claiming nothing more than a welfare check, or "we received a call."
Sure, but there are also many instances today of evidence getting thrown out in court due to cops not getting a warranty and poisoning the tree and all its fruit. Rights don't just enforce themselves, there are and have to be a number of layers to the onion to help reduce the violation numbers at each stage.
There's also plenty of examples of even if the evidence is thrown out, there's damage to life or property that is never made whole.
>There are many instances today of cops forcibly entering a home claiming nothing more than a welfare check, or "we received a call."
And there are also many instances of the city being sued, those cops being sued, losing qualified immunity, losing their jobs, etc, because we do still have recourse when cops do the wrong thing.
If your rights were violated, you stand to get a big payout, and get the cops fired that violated your rights. We aren't powerless, yet.
> And there are also many instances of [...] those cops being sued, losing qualified immunity, losing their jobs
Not really, the data points the other way. Cops basically never have to actually pay for their wrongdoings. Over 99.98% of money successfully recovered from cases against police is paid out by the cities, not cops personally [1]. A considerable number of cops that are fired are also eventually rehired by the same department [2] or a different one [3]. So I don't think it's that clear that you "have recourse when cops do the wrong thing".
[1] https://nyulawreview.org/wp-content/uploads/2018/08/NYULawRe...
[2] https://scholarship.law.vanderbilt.edu/vlr/vol74/iss4/4/
[3] https://yalelawjournal.org/pdf/GrunwaldRappaportArticle_s6br...
Can you link to some of these cases of cops losing qualified immunity? It's an area in interested in but I understand that to be a vanishingly rare outcome - like only in very egregious cases, not just for run of the mill rights violations.
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Or your family gets the payout because the cops killed you.