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
beast (18h) : Seems like he was just pissed because he was no longer the starter
beast (18h) : Campbell is right, he's rich and he doesn't have to explain sh!t... but that attitude gives teams reasons to never sign him again.
dfosterf (22-Feb) : I have some doubt about all that
dfosterf (22-Feb) : I read De'Vondre Campbell's tweet this morning (via the New York Post) Florio says that if he invested his earnings wisely, he will be good
beast (20-Feb) : I haven't followed, but I believe he's good when healthy, just hasn't been able to stay healthy.
dfosterf (20-Feb) : Hasn"t Bosa missed more games than he has played in the last 3 years?
Mucky Tundra (19-Feb) : He hasn't been too bad when healthy but I don't feel like I ever heard much about when he is
Zero2Cool (19-Feb) : Felt like he was more interested in his body, than football. He flashed more than I expected
Zero2Cool (19-Feb) : When he was coming out, I thought he'd be flash in pan.
Mucky Tundra (19-Feb) : Joey seems so forgettable compared to his brother for some reason
Zero2Cool (19-Feb) : NFL informed teams today that the 2025 salary cap will be roughly $277.5M-$281.5M
Zero2Cool (19-Feb) : Los Angeles Chargers are likely to release DE Joey Bosa this off-season as a cap casualty, per league source.
Zero2Cool (18-Feb) : If the exploit is not fixed, we'll see tons of "50 top free agents, 50 perfect NFL team fits: We picked where each should sign in March" lo
Zero2Cool (18-Feb) : Issue should be solved, database cleaned and held strong working / meeting. Boom!
Zero2Cool (18-Feb) : It should be halted now.
Mucky Tundra (18-Feb) : usually spambots are trying to get traffic to shady websites filled with spyware; the two links being spammed were to the Packers website
Mucky Tundra (18-Feb) : you know when you put it that way combined with the links it was spamming (to the official Packers website)
Zero2Cool (18-Feb) : Yep. You can do that with holding down ENTER on a command in Console of browser
Mucky Tundra (18-Feb) : even with the rapid fire posts?
Zero2Cool (18-Feb) : I'm not certain it's a bot.
Mucky Tundra (18-Feb) : I've got to go to work soon which is a pity because I'm enthralled by this battle between the bot and Zero
Zero2Cool (18-Feb) : Yeah, I see what that did. Kind of funny.
Mucky Tundra (18-Feb) : now it's a link to Wes Hodkiezwicz mailbag
Mucky Tundra (18-Feb) : Now they're back with another topic
Mucky Tundra (18-Feb) : oh lol
Zero2Cool (18-Feb) : I have a script that purges them now.
Zero2Cool (18-Feb) : 118 Topics with Message.
Mucky Tundra (18-Feb) : what's 118 (besides a number)?
Zero2Cool (18-Feb) : They got 118 slapped in there.
Mucky Tundra (18-Feb) : that's why it confused the hell out of me
Zero2Cool (18-Feb) : Yeah, but this is taking a headline and slapping it into the Packers Talk
Mucky Tundra (18-Feb) : Wasnt there a time guests could post in the help forum?
Zero2Cool (18-Feb) : lol good question, kind of impressed!
Mucky Tundra (18-Feb) : So how is a guest posting?
Mucky Tundra (18-Feb) : Tell them its an emergency
Zero2Cool (18-Feb) : Working. Meetings.
Mucky Tundra (18-Feb) : Lots of fun; the spam goes back 4 or 5 pages by this point
Mucky Tundra (18-Feb) : I thought you'd look for yourself and put 2 and 2 together lol. I overestimated ya ;)
Mucky Tundra (18-Feb) : I thought Guests couldnt post?
Zero2Cool (18-Feb) : And gosh that's gonna be fun to clean up! hahaa
Zero2Cool (18-Feb) : Oh. Why not just say that then? Geez.
Mucky Tundra (18-Feb) : check the main forum, seems a spam bot is running amok
Zero2Cool (18-Feb) : What?
Mucky Tundra (18-Feb) : Is the Packers online game "Packers Predict" now available for 2024? I can't tell
Zero2Cool (17-Feb) : Bengals planning to Franchise Tag Tamaurice Higgins
Zero2Cool (14-Feb) : Packers are hiring Luke Getsy as senior offensive assistant.
Martha Careful (12-Feb) : I would love to have them both, esp. Crosby, but either might be too expensive.
Zero2Cool (12-Feb) : Keisean Nixon is trying to get Maxx Crosby and Davante Adams lol
Mucky Tundra (11-Feb) : Yeah where did it go?
packerfanoutwest (11-Feb) : or did you resctrict access to that topic?
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 @ 3:25 PM
Vikings
Sunday, Jan 5 @ 12:00 PM
BEARS
Sunday, Jan 12 @ 3:30 PM
Eagles
Recent Topics
8h / Green Bay Packers Talk / Zero2Cool

23-Feb / Green Bay Packers Talk / beast

23-Feb / Green Bay Packers Talk / beast

22-Feb / Green Bay Packers Talk / TheKanataThrilla

19-Feb / Green Bay Packers Talk / Zero2Cool

19-Feb / Green Bay Packers Talk / MintBaconDrivel

18-Feb / Green Bay Packers Talk / Zero2Cool

18-Feb / Green Bay Packers Talk / Zero2Cool

18-Feb / Green Bay Packers Talk / Zero2Cool

18-Feb / Green Bay Packers Talk / Zero2Cool

16-Feb / Around The NFL / beast

16-Feb / Green Bay Packers Talk / beast

16-Feb / Green Bay Packers Talk / Zero2Cool

15-Feb / Around The NFL / beast

15-Feb / Green Bay Packers Talk / Zero2Cool

Headlines
Copyright © 2006 - 2025 PackersHome.com™. All Rights Reserved.