Let's give a hypothetical that maybe isn't as cut and dry.
You and your partner have been investigating a suspected drug dealer. He has a few priors, so you know he's a real scum ball.
You've had him under surveillance for a few weeks and have been following him to an house that's been converted into an apartment and suspect that's his stash house. You don't know exactly what apartment he's renting, but get a warrant guessing he's in apartment #2. I don't know where this incident occurred, but speaking for myself, I have never worked in a judicial jurisdiction where I could have ever gotten a warrant based upon a "guess," and I have sure as hell never sworn to an affidavit for a search warrant containing information I knew was not factual! You follow him into the common area of the apartment that has a locked door with a no trespassing sign and didn't knock or announce. Not to be difficult, but if there is a locked door, how did I get in? Did the suspect let me in not knowing I'm a cop? Did another resident allow me in? Is it a "common area" where guests, utility workers, and members of the general public are expected to go when seeking to meet or contact a resident in the building? Did I break the door down (which will destroy my whole case right there...)? You see he goes into apartment #5. Instead of having the warrant updated to reflect the proper apartment number, you execute the warrant on apartment #5 and find drugs stashed in the apartment. Again, not to be difficult, but why wouldn't I simply call the judge and update the information on the warrant? It won't take more than a few minutes, and preserves the integrity of my case.
During the trial when the defense attorney asks why you followed him into the common area when the sign said no trespassing, your partner says that he thinks that sign doesn't apply to law enforcement. Well, under certain circumstances, he might be right. In the description given, I don't have enough information to know if one of those circumstances exist in this case or not.
The judge is also sworn to uphold the constitution, but he doesn't seem to have an issue with the officers executing the warrant on the wrong apartment, nor that fact that they ignored a no trespass sign without knocking an announcing was an issue. Really poor judge. He must enjoy getting overturned on appeal!
You can say the drug dealer got what he deserved, another scum bag is off the street. But at what price? Not worth my integrity unless I do it correctly.
BTW, this wasn't a hypothetical and there were other 4th amendment transgressions such as taking a cell phone from someone who wasn't under arrest, with no warrant, searching through that cell phone to get information that was used to get the search warrant. Again the judge couldn't be trifled with such matters.
I'm sure some out there will conveniently label me as a cop hater, leftist etc. I've never been arrested, never been hassled by a cop, and hold cops in high regard for the tremendous challenges and dangers they face performing their job. I simply consider the Constitution and Bill of Rights as one of the finest documents written by man and one worth holding everyone who is sworn to protect up to that high standard. Nothing you've said here would cause me to label you as a cop hater, and as far as the Constitution, I agree.
