Nonstopdrivel
14 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
14 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
14 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
wpr (27m) : yooper
Zero2Cool (28m) : next is create topic from headline
Zero2Cool (28m) : new site has recent topics and headlines now
buckeyepackfan (1h) : Micah wearing #1, Packers offered it to him. Curly only one to wear #1
Zero2Cool (2h) : Micah said he told Rasheed he's gonna get some practice. LT1 yeah?
Zero2Cool (2h) : Patriots release Jabrill Peppers Before 2025 Season
Mucky Tundra (2h) : yooper!
Zero2Cool (4h) : Never. But gonna be looking different in few days :D
yooperfan (4h) : Whew, I got it back. I was afraid that I lost this site for good.
Zero2Cool (5h) : Harrisburg Packers
Mucky Tundra (5h) : Yes
Zero2Cool (6h) : No.
dfosterf (6h) : The man carried us a lot of the time
dfosterf (6h) : I think a Kenny Clark tribute is in order
Zero2Cool (14h) : new site, text editor gooder even on phone
beast (15h) : Oh yes, sometimes they make using a cellphone tough. I just wanted to make sure it was the correct article, & thank you for pointing it out.
jdlax (16h) : I can't believe one of my teams went out and wablammo just up and acquired one of the best players in the world overnight
dfosterf (21h) : I do very much appreciate when Beast and others pick up my slack 😊
dfosterf (21h) : I accept Beast's admonishment regarding my failure to link stuff I reference. I simply never learned to link from my cell phone.
beast (21h) : That's not what your she said 😌, she said keep going 😏
Mucky Tundra (29-Aug) : Anything over 4 hours means he needs to get to the hospital
Mucky Tundra (29-Aug) : Someone might want to check on Hafley and make sure his erection has gone down
Zero2Cool (28-Aug) : LaFleur texts "bleep me I cannot sit down"
Zero2Cool (28-Aug) : YouTube has had me last hour or two lol
Mucky Tundra (28-Aug) : Ugh this trade happened right as my shift started and it's killing me
Zero2Cool (28-Aug) : Parsons wore 23 in high school.
Zero2Cool (28-Aug) : Packers just cost Lions more money with Hutchinson too huh
Zero2Cool (28-Aug) : That is fair by me.
buckeyepackfan (28-Aug) : Kenny Clark is the player, 2 1st rnd picks
Zero2Cool (28-Aug) : umm... what?
wpr (28-Aug) : I am stunned
Mucky Tundra (28-Aug) : RICKEY SCOOPS WAS RIGHT AGAIN!!!
Mucky Tundra (28-Aug) : ITS HAPPENING
buckeyepackfan (28-Aug) : DEAL IS DONE
buckeyepackfan (28-Aug) : MICAH IS COMING TO GREEN BAY!!!!!!!!!
wpr (28-Aug) : Me do-ed it gooderly,
Zero2Cool (28-Aug) : Bahah, I was like WTF why isn't anyone posting on PP.com ... oops no one has permissions
dfosterf (27-Aug) : tell her I reckon
dfosterf (27-Aug) : Micah Robinson cut. Probable PS player tomorrow. Has to call mom back and t
Zero2Cool (27-Aug) : New site so much better. Might make switch and deal with it.
dfosterf (27-Aug) : Mecole Hardman to our practice squad
dfosterf (27-Aug) : Nick Nieman from Texans our 5th linebacker. Special teams signing
TheKanataThrilla (27-Aug) : Looks like we signed Clayton Tune as QB3
wpr (27-Aug) : TKT people lose their minds over QB3. Point is almost none of them are ready that's why they are on the PS and other teams don't take them.
TheKanataThrilla (27-Aug) : Unfortunately he doesn't seem ready to be an emergency QB.
TheKanataThrilla (27-Aug) : As a Canadian and a follower of Canadian University football. I am rooting for him
dfosterf (27-Aug) : I bet a lot of us will follow the Taylor Elgersma journey with interest. Personally, got a Kurt Warner vibe goin' on. I like him
TheKanataThrilla (27-Aug) : Not sure if either will be claimed though.
TheKanataThrilla (27-Aug) : Tune or Hooker would make sense
dfosterf (27-Aug) : Clayton Tune cut by the Cards? Don't know if that's the guy, we shall see
Please sign in to use Fan Shout
2025 Packers Schedule
Sunday, Sep 7 @ 3:25 PM
LIONS
Thursday, Sep 11 @ 7:15 PM
COMMANDERS
Sunday, Sep 21 @ 12:00 PM
Browns
Sunday, Sep 28 @ 7:20 PM
Cowboys
Sunday, Oct 12 @ 3:25 PM
BENGALS
Sunday, Oct 19 @ 3:25 PM
Cardinals
Sunday, Oct 26 @ 7:20 PM
Steelers
Sunday, Nov 2 @ 12:00 PM
PANTHERS
Monday, Nov 10 @ 7:15 PM
EAGLES
Sunday, Nov 16 @ 12:00 PM
Giants
Sunday, Nov 23 @ 12:00 PM
VIKINGS
Thursday, Nov 27 @ 12:00 PM
Lions
Sunday, Dec 7 @ 12:00 PM
BEARS
Sunday, Dec 14 @ 3:25 PM
Broncos
Friday, Dec 19 @ 11:00 PM
Bears
Friday, Dec 26 @ 11:00 PM
RAVENS
Saturday, Jan 3 @ 11:00 PM
Vikings
Recent Topics
now / Green Bay Packers Talk / dhazer

17m / Green Bay Packers Talk / wpr

3h / Random Babble / dfosterf

9h / Green Bay Packers Talk / dfosterf

12h / Green Bay Packers Talk / wpr

29-Aug / Green Bay Packers Talk / Zero2Cool

29-Aug / Green Bay Packers Talk / Zero2Cool

28-Aug / Green Bay Packers Talk / beast

28-Aug / Green Bay Packers Talk / wpr

28-Aug / Feedback, Suggestions and Issues / Zero2Cool

27-Aug / Fantasy Sports Talk / Zero2Cool

27-Aug / Green Bay Packers Talk / beast

27-Aug / Green Bay Packers Talk / Cheesey

26-Aug / Green Bay Packers Talk / wpr

26-Aug / Green Bay Packers Talk / wpr

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