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View Diary: Video of NYPD Breaking into Ramarley Graham's Home Prior to Murdering Him (195 comments)

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  •  That's why they lied about hot pursuit. (21+ / 0-)

    If the police were in pursuit of a fleeing suspect, like they initially claimed, then they would be covered by an exception to the Fourth Amendment.

    But the video shows that's probably a non-starter.

    So now they'll probably claim they feared destruction of evidence, or that they had a reasonable belief that the (unarmed) suspect posed an immediate threat to the safety of those inside. Selling either of those lines would get them out of a lawsuit for the warrantless entry.

    Then they'll just have to explain why shooting an unarmed teenager on the toilet was an objectively reasonable use of deadly force.

    But given how damning this tape is, I'm betting on an out-of-court settlement for an undisclosed sum somewhere in the high seven figures.

    And you're absolutely right: the courts have made it far too easy for the Fourth Amendment to be ignored. Justice Ginsburg wrote a great, if futile, dissent last year expressing that exact idea. Nobody else joined her.

    ‎"Our greatest asset as advocates is a deep cognizance of our own ignorance, plus a willingness to do something about it." -Joseph Mitchell Kaye, 1966.

    by JR on Tue Feb 07, 2012 at 03:47:34 AM PST

    [ Parent ]

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