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Originally Posted by The_Jazz
DK, I'm a little surprised at you on this one - usually your examples are much stronger on Constitutional issues. The Scarfo case might be in a slightly grey area, but you usually offer up clear black and white issues. The Maye case doesn't seem to be a Fourth Amendment issue at all. If anything, it's a 2nd Amendment test since there doesn't seem to be any issue about the warrant itself. Not that I'm not enjoying our little exchange here, but it's just a lot more fun when we both argue from strong positions instead of splitting hairs.
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the maye case is a combination of both, in my opinion.
The shooting should have been justified as self defense because of the circumstances precipitated by the 'no-knock' warrant as well as invading the wrong apartment. The warrant was written for the neighboring apartment, subsequent evidence shows that the maye apartment was hastily added after the shooting fact, but there are claims that mayes apartment was not on the original warrant.
I didn't focus on 2nd amendment issues in the maye case because I felt that the 4th amendment was the most important issue here. Since the 4th was violated the 2nd should have been a no brainer. It's not worked out that way yet for Maye though I hope that he does get the new trial and can be exonerated.