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re: Michigan court rules okay for police to kill your dog
Posted on 12/25/16 at 9:10 pm to SlapahoeTribe
Posted on 12/25/16 at 9:10 pm to SlapahoeTribe
quote:
He told them he had a key, and that they didn’t need to destroy the front door to gain entry into the home. But destroy it they did.
Page 24, last paragraph.
Third, as Defendants’ counsel stated during oral argument, the officers would not have used the keys Mark Brown offered to give them because the officers would not have had any idea whether those keys were the correct keys. Defendants’ counsel persuasively argued that Mark Brown could have given the officers the wrong set of keys, and the resulting delay could have given somebody in the house the opportunity to destroy the drugs or time to prepare to attack or shoot the officers as they entered the residence. See United States v. Banks, 540 U.S. 31, 40 (2003) (“[W]hen circumstances are exigent because a pusher may be near the point of putting his drugs beyond reach, it is imminent disposal . . . that governs when the police may reasonably enter”). Finally, the damage to the front door was “slight.”
ETA:
All of my earlier post have been updated with the relevant quotes from the actual written opinion of the court.
This post was edited on 12/25/16 at 9:12 pm
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