Posted: August 29th, 2022

Constitutional Journal

Constitutional Journal
In the State of Florida, at the end of September, a case where Robert Kraft, the owner of England Patriots, was among 25 people facing first-degree misdemeanor charges on soliciting prostitution. There was video evidence that had captured Kraft secretly installed inside the spa in two different incidents. An appeal in court rules that Kraft’s video would not be admissible at trial, which confirmed that the sneak and peek search warrant from a lower-court ruling used to obtain the footage was a clear violation of the fourth amendment rights of Kraft and the other people. The surveillance by law enforcement was considered to be extreme in the case. Some situations warrant the use of the technique of surveillance at issue. The court called for the strict observations and safeguards of the Fourth Amendment, which were developed a few past decades. In this case, police power was an intrusion to an individual right to privacy for Kraft.
On March 13, 2020, Breonna Taylor was shot to death by police in an apartment they shared with her boyfriend. The police did not have a no-knock warrant. However, they went in forcefully battering in to search for evidence of drug dealing, which was not found in the apartment. From that incident, the debate on the execution of warrants and applications filed by the police officers. There are questions and claims that state that the no-knock warrant is not constitutional as it violates individuals’ privacy rights as entitled by the Fourth Amendment.
A no-knock warrant allows the police to intrude on the right to privacy for an individual in their homes, which is a violation of the constitution. The police should make efforts to serve the people without their constitutional rights.

References
Stanford Law School. (2020, September 28). Stanford’s David Sklansky on the Breonna Taylor case, no-knock warrants, and reform. Retrieved from https://law.stanford.edu/2020/09/28/stanfords-david-sklansky-on-the-breonna-taylor-case-no-knock-warrants-and-reform/
The Washington Post. (2020, September 24). Charges against Patriots’ Robert Kraft dropped in Florida after ruling on video evidence. Retrieved from https://www.washingtonpost.com/sports/2020/09/24/robert-kraft-charges-dropped/

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Tags: Constitutional Journal