Arrow-right Camera
The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Court tosses conviction, calls search illegal

Associated Press

BOISE – The Idaho Court of Appeals has overturned a Nampa woman’s drug conviction, saying police didn’t give her enough time to open the door before they broke in and began a search.

The decision vacates Martha Ramos’ conviction for possession of a controlled substance with intent to deliver.

Ramos was charged with the crime in 2003, after police got an anonymous tip that there were drugs at her home and a subsequent search turned up about 25 pounds of marijuana. She pleaded guilty, but a unanimous three-judge panel threw out the evidence, ruling the search was illegal.

Acting on the tip, police went to Ramos’ home at about 3 a.m. on July 5, 2003, planning to knock on the door and talk to those inside.

But on their way to the front door, according to court documents, police noticed several bags of trash on the sidewalk and decided to search the garbage instead. They allegedly found drug paraphernalia in the trash, and that evidence, combined with the tip, was enough for them to get a search warrant approved by a local magistrate.

About four hours after the first attempt, the police returned, this time with a SWAT team. Court documents say the officers knocked, announced themselves with a shout in both English and Spanish, then after about 5 seconds of knocking, broke down the door.

Once in court, Ramos argued that the marijuana found in the home should be suppressed, because the police violated her constitutional right against unlawful search and seizure.

The appellate court agreed. The U.S. Supreme Court has found that before executing a search warrant, police must knock, announce their identity and authority, and wait a reasonable time for the occupants to allow them to enter, the appellate judges noted.