Nonstopdrivel
13 years ago

Supreme Court gives police a new entryway into homes 

The Supreme Court, in an 8-1 decision in a Kentucky case, says police officers who loudly knock on a door in search of illegal drugs and then hear sounds suggesting evidence is being destroyed may break down the door and enter without a search warrant.


By David G. Savage, Los Angeles Times

May 16, 2011, 10:47 a.m.

WASHINGTON The Supreme Court on Monday gave police more leeway to break into residences in search of illegal drugs.

The justices in an 8-1 decision said officers who loudly knock on a door and then hear sounds suggesting evidence is being destroyed may break down the door and enter without a search warrant.

Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, said Justice Samuel A. Alito Jr.

In a lone dissent, Justice Ruth Bader Ginsburg said she feared the ruling in a Kentucky case will give police an easy way to ignore the 4th Amendment. "Police officers may not knock, listen and then break the door down," she said, without violating the 4th Amendment.

In the past, the court has said police usually may not enter a home unless they have a search warrant or the permission of the owner. As Alito said, "The 4th Amendment has drawn a firm line at the entrance to the house."

One exception to that rule involves an emergency, such as screams coming from a house. Police may also pursue a fleeing suspect who enters a residence. Police were attempting to do that in the Kentucky case, but they entered the wrong apartment, raising the issue of what is permissible in situations where police have reason to believe evidence is being destroyed.

It began when police in Lexington, Ky., were following a suspect who allegedly had sold crack cocaine to an informer and then walked into an apartment building. They did not see which apartment he entered, but when they smelled marijuana smoke come from one of the apartments, they wrongly assumed he had gone into that one. They pounded on the door and called "Police. Police. Police," and heard the sounds of people moving.

At this, the officers announced they were coming in, and they broke down the door. They found Hollis King smoking marijuana, and put him under arrest. They also found powder cocaine. King was convicted of drug trafficking and sentenced to 11 years in prison.

But the Kentucky Supreme Court overturned his conviction and ruled the apartment break-in violated his 4th Amendment right against "unreasonable searches and seizures." Police had created an emergency by pounding on the door, the state justices said.

The Supreme Court heard an appeal from state prosecutors and reversed the ruling in Kentucky vs. King. Alito said the police conduct in this case "was entirely lawful," and they were justified in breaking down the door to prevent the destruction of the evidence.

"When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen may do," he wrote. A resident need not respond, he added. But the sounds of people moving and perhaps toilets being flushed could justify police entering without a warrant, he added.

"Destruction of evidence issues probably occur most frequently in drug cases because drugs may be easily destroyed by flushing down a toilet," he added.

The ruling was not a final loss for King. The justices said the Kentucky state court should consider again whether the police faced an emergency situation in this case.

Ginsburg, however, said the court's approach "arms the police with a way routinely to dishonor the 4th Amendment's warrant requirement in drug cases." She said the police did not face a "genuine emergency" and should not have been allowed to enter the apartment without a warrant.

david.savage@latimes.com

Copyright 2011, Los Angeles Times



Thank you, Justice Ginsburg, you liberal rapscallion, for standing up and saying what needed to be said.

Funny how it is sometimes the much-maligned liberals who are the only ones that have the courage to stand up for liberty in this country, while supposed conservatives cheerfully hack away at the freedoms given to us by the Founding Fathers.

If you think this was a good decision on the part of the Supreme Court, you truly do not know what the word "liberty" means.
UserPostedImage
Wade
  • Wade
  • Veteran Member
13 years ago
Sigh.
And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
zombieslayer
13 years ago
The 4th Amendment has been almost gone since the War on Drugs started.

Historians just say to themselves "it's the same shit all over again."
My man Donald Driver
UserPostedImage
(thanks to Pack93z for the pic)
2010 will be seen as the beginning of the new Packers dynasty. 🇹🇹 🇲🇲 🇦🇷
Fan Shout
Zero2Cool (2h) : Bears. Vikings. OT
Mucky Tundra (3h) : Thems the breaks I guess
Mucky Tundra (3h) : Two players out and Williams had an injury designation this week but Oladapo is a healthy scratch
Zero2Cool (3h) : Packers inactives vs 49ers: • CB Jaire Alexander • S Kitan Oladapo • LB Edgerrin Cooper • OL Jacob Monk
TheKanataThrilla (5h) : Aaron Jones with a costly red zone fumble
Zero2Cool (6h) : When we trade Malik for a 1st rounder, we'll need a new QB2.
packerfanoutwest (23-Nov) : Report: Aaron Rodgers wants to play in 2025, but not for the Jets
beast (23-Nov) : That's what I told the Police officer about my speed when he pulled me over
packerfanoutwest (23-Nov) : NFL told Bears that Packers’ blocked field goal was legal
packerfanoutwest (22-Nov) : 49ers are underdogs at Packers, ending streak of 36 straight games as favorites
Zero2Cool (22-Nov) : 49ers might be down their QB, DL, TE and LT?
packerfanoutwest (22-Nov) : Jaire Alexander says he has a torn PCL
Zero2Cool (20-Nov) : Even with the context it's ... what?
Mucky Tundra (20-Nov) : Matt LaFleur without context: “I don’t wanna pat you on the butt and you poop in my hand.”
beast (20-Nov) : We brought in a former Packers OL coach to help evaluate OL as a scout
beast (20-Nov) : Jets have been pretty good at picking DL
Zero2Cool (20-Nov) : He landed good players thanks to high draft slot. He isn't good.
Zero2Cool (20-Nov) : He can shove his knowledge up his ass. He knows nothing.
beast (20-Nov) : More knowledge, just like bring in the Jets head coach
Zero2Cool (19-Nov) : What? Why? Huh?
beast (19-Nov) : I wonder if the Packers might to try to bring Douglas in through Milt Hendrickson/Ravens connections
Zero2Cool (19-Nov) : The Jets fired Joe Douglas, per sources
packerfanoutwest (19-Nov) : Jets are a mess......
Zero2Cool (19-Nov) : Pretty sure Jets fired their scouting staff and just pluck former Packers.
Zero2Cool (19-Nov) : Jets sign Anders Carlson to their 53.
Zero2Cool (19-Nov) : When you cycle the weeks, the total over remains for season. But you get your W/L for that selected week. Confusing.
packerfanoutwest (19-Nov) : the total and percentage are the same as the previous weeks
packerfanoutwest (19-Nov) : the total and percentage are the same as the previous weeks
packerfanoutwest (19-Nov) : the totals are accurate..nrvrtmind
Zero2Cool (19-Nov) : I don't follow what you are saying. The totals are not the same as last week.
packerfanoutwest (19-Nov) : ok so then wht are the totals the same as last week?
Zero2Cool (19-Nov) : NFL Pick'em is auto updated when NFL Scores tab is clicked
Martha Careful (19-Nov) : The offense was OK. Let's not forget the Bear defense is very very good.
packerfanoutwest (19-Nov) : Who updates the leaderboard on NFLPickem?
beast (19-Nov) : Has the Packers offense been worse since the former Jets coach joined the Packers?
Zero2Cool (19-Nov) : Offense gets his ass in gear, this could be good.
Zero2Cool (19-Nov) : Backup QB helped with three wins. Special Teams contributed to three wins.
bboystyle (18-Nov) : Lions played outside thats why. They scored 16 and 17 in the only 2 outside games this year
Zero2Cool (18-Nov) : The rest of the NFL is catching up to Packers ... kicking is an issue throughout league
packerfanoutwest (18-Nov) : Packers DL Kenny Clark: We knew 'we were going to block' Bears' game-winning field goal attempt
Zero2Cool (18-Nov) : Lions seem to be throttling everyone, but only (only) got 24 lol maybe the rain is why
Zero2Cool (18-Nov) : Packers vs Lions game doesn't seem so bad.
beast (18-Nov) : Dennis Green "They are what we thought they were, and we let them off the hook!"
Martha Careful (17-Nov) : comment of the day Z2Cool "Bears better than we want to admit. Packers worse than we think. It's facts."
Mucky Tundra (17-Nov) : my worst case scenario: Bears fix their oline and get a coach like Johnson from the Lions and his scheme
Zero2Cool (17-Nov) : Bears get OL fixed amd we might have a problem
buckeyepackfan (17-Nov) : Pretty sure they already have scouting reports on guys who aren't even starting for their college team. The future is now for me.
buckeyepackfan (17-Nov) : I tend to let Gute and Co. Worry about the future.
beast (17-Nov) : That's great news and Packers need to keep upgrading their OL, DL and DBs this off-season, so missing one guy doesn't kill them
beast (17-Nov) : That's great news and Packers need to keep upgrading their OL, DL and DBs this off-season, so missing one guy doesn't kill them
Please sign in to use Fan Shout
2024 Packers Schedule
Friday, Sep 6 @ 7:15 PM
Eagles
Sunday, Sep 15 @ 12:00 PM
COLTS
Sunday, Sep 22 @ 12:00 PM
Titans
Sunday, Sep 29 @ 12:00 PM
VIKINGS
Sunday, Oct 6 @ 3:25 PM
Rams
Sunday, Oct 13 @ 12:00 PM
CARDINALS
Sunday, Oct 20 @ 12:00 PM
TEXANS
Sunday, Oct 27 @ 12:00 PM
Jaguars
Sunday, Nov 3 @ 3:25 PM
LIONS
Sunday, Nov 17 @ 12:00 PM
Bears
Sunday, Nov 24 @ 3:25 PM
49ERS
Thursday, Nov 28 @ 7:20 PM
DOLPHINS
Thursday, Dec 5 @ 7:15 PM
Lions
Sunday, Dec 15 @ 7:20 PM
Seahawks
Monday, Dec 23 @ 7:15 PM
SAINTS
Sunday, Dec 29 @ 12:00 PM
Vikings
Saturday, Jan 4 @ 11:00 PM
BEARS
Recent Topics
4h / Green Bay Packers Talk / buckeyepackfan

6h / Green Bay Packers Talk / Zero2Cool

23-Nov / Green Bay Packers Talk / dfosterf

23-Nov / Green Bay Packers Talk / Zero2Cool

22-Nov / Green Bay Packers Talk / Martha Careful

21-Nov / Green Bay Packers Talk / Martha Careful

21-Nov / Green Bay Packers Talk / Zero2Cool

21-Nov / Green Bay Packers Talk / beast

20-Nov / Green Bay Packers Talk / Zero2Cool

20-Nov / Green Bay Packers Talk / beast

20-Nov / Green Bay Packers Talk / wpr

19-Nov / Green Bay Packers Talk / dfosterf

19-Nov / Featured Content / Zero2Cool

19-Nov / Green Bay Packers Talk / Martha Careful

19-Nov / Green Bay Packers Talk / wpr

Headlines
Copyright © 2006 - 2024 PackersHome.com™. All Rights Reserved.