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Univ. of San Diego School of Law

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Wednesday, December 8, 2004

Breaking Case News: When Suspect Opens Door to Home, Police May Not Enter to Effectuate Terry Stop

IdahoThe Supreme Court of Idaho recently released its decision in Idaho v. Malland, in which the court held that when an officer has reasonable suspicion to execute a Terry Stop on a suspect who opens his door to the police, the police violate the Fourth Amendment if they enter the home to effectuate the stop.  To read the decision, click here.  [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2004/12/breaking_case_n_1.html

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Comments

It's sad that such a common sense case is a big news.

I've often thought that ordinary principles of decency should apply to S&Ss. If I open my door to a stranger, that stranger may not walk in. If I invite an acquaintance over for coffee, that acquaintance may not snoop around my bedroom or open any cabinent doors. Were I a guest at your home, I (as all decent people) would request permission to use your restroom or to look around.

It seems that the police (as stranger at the door or as guest in the home) should abide by similar principles of decency when they enter another (wo)man's castle.

Posted by: Mike | Dec 8, 2004 9:35:14 AM

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