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Supreme Court gives police leeway in home searches
Los Angeles Times ^ | May 17, 2011 | David G. Savage

Posted on 05/16/2011 9:48:14 PM PDT by UniqueViews

Officers may break in if they hear sounds and suspect that evidence is being destroyed, the justices say in an 8-1 decision. Justice Ginsburg dissents.

The Supreme Court gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed.

Ruling in a Kentucky case Monday, the justices said that officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs.

Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, said Justice Samuel A. Alito Jr. for an 8-1 majority.

(Excerpt) Read more at latimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events; US: Kentucky
KEYWORDS: brighamcity; crime; fourthamendment; ginsburg; lawsuit; police; ruling; scotus; searches; standingarmy; tyranny; wod
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Not quite as open ended, as some portray this.
1 posted on 05/16/2011 9:48:18 PM PDT by UniqueViews
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To: UniqueViews
Still too open ended. This can be so easily abused.

Any time the cops screw up they'll just say "I thought evidence was being destroyed."

2 posted on 05/16/2011 9:50:34 PM PDT by Celtic Cross (The brain is the weapon; everything else is just accessories. --FReeper Joe Brower)
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To: UniqueViews

“We had to use the concussion grenades, we thought we heard a kitten mewing”


3 posted on 05/16/2011 9:52:29 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: Celtic Cross

>Any time the cops screw up they’ll just say “I thought evidence was being destroyed.”<

Yup..

PERP: “I have my hands up officer, I’m coming ou—”
POLICE: (smashing door), “Sorry..I thought you were destroying evidence, we didn’t hear the last sentence..”


4 posted on 05/16/2011 9:54:18 PM PDT by max americana (.)
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To: Celtic Cross

Just yesterday I was thinking to myself: “You know, I really think the Police need more power.”

My God... 8-1. we are so screwed.


5 posted on 05/16/2011 9:54:41 PM PDT by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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To: UniqueViews

For once, I agree with Ginsberg. WTF were the others Supremes thinking?

I haven’t been an opponent of “The War On Drugs” but if the Supremes think it’s OK for cops to break down doors at a whiff of marijuana, I’m going to have to reconsider.


6 posted on 05/16/2011 9:56:05 PM PDT by LibFreeOrDie (Obama promised a gold mine, but will give us the shaft.)
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To: UniqueViews
Legitimate governments exist on the sufferage of the populace.

If we really get tired of this crap? It WILL stop. From judges to foot-soldiers.

We get the government we allow.

/johnny

7 posted on 05/16/2011 9:58:27 PM PDT by JRandomFreeper (Gone Galt)
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To: LibFreeOrDie

“if the Supremes think it’s OK for cops to break down doors at a whiff of marijuana”...

I guess you are right — and they didn’t even break down the door of the drug dealer... IOW, they could be breaking into the wrong apartment.


8 posted on 05/16/2011 9:59:46 PM PDT by UniqueViews
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To: UniqueViews
Hunting... South Park Style
9 posted on 05/16/2011 10:00:03 PM PDT by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: LibFreeOrDie
I haven’t been an opponent of “The War On Drugs” but if the Supremes think it’s OK for cops to break down doors at a whiff of marijuana, I’m going to have to reconsider.
I agree with you exactly. This is going too far. It's enough to make me think of saying: enough.
10 posted on 05/16/2011 10:00:43 PM PDT by samtheman
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To: UniqueViews

Please explain to me how you think it’s not quite so open ended.


11 posted on 05/16/2011 10:01:18 PM PDT by samtheman
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To: UniqueViews

Kentucky v. King


Docket No. Op. Below Argument Opinion Vote Author Term
09-1272 Supreme Court of Kentucky Jan 12, 2011
Tr.Aud.
May 16, 2011 8-1 Alito OT 2010

Holding: The exigent circumstances rule applies when the police do not create the exigency by engaging in or threatening to engage in conduct that violates the Fourth Amendment.

Judgment: KENTUCKY SUPREME COURT REVERSED, 8-1, in an opinion by Justice Alito on May 16, 2011. Justice Ginsburg filed a dissent.

SCOTUSblog Coverage

Briefs and Documents

Merits BriefsAmicus Briefs

Certiorari-stage documents


12 posted on 05/16/2011 10:01:53 PM PDT by Palter (If voting made any difference they wouldn't let us do it. ~ Mark Twain)
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To: Celtic Cross

So there is a knock on the door. You taking a crap.
You yell “just a minute” and flush....

And they bust down the door with guns drawn.

Seems reasonable.

I got nothin to hide /s


13 posted on 05/16/2011 10:02:00 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: samtheman

Me too, I think I will give the PTB a scowling of a lifetime.


14 posted on 05/16/2011 10:02:26 PM PDT by runninglips (Republicans = 99 lb weaklings of politics.)
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To: samtheman

I am rethinking my original comment. Initially I thought that if they knew there were drugs in there and were chasing some drug dealer, it may be OK, but in rereading the article and some of the comments, I am coming around, that it is indeed too much power for the police and the SCOTUS is wrong in ruling this legal.


15 posted on 05/16/2011 10:03:57 PM PDT by UniqueViews
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To: LibFreeOrDie

I have been against it for years now and no, I do not do any drugs. The WOD gave us forfieture laws, no knock raids, workplace urinalysis and now this. Isn’t what the government is doing to our God given rights in the name of the WOD peachy? I do not think it is worth the freedoms we have lost, much less the money it costs us.


16 posted on 05/16/2011 10:06:00 PM PDT by jospehm20
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To: UniqueViews

It is scary, isn’t it. As someone pointed out, this overrules one of the freedoms in the Magna Carta. Which means that medieval Englishmen had more rights than we do.


17 posted on 05/16/2011 10:06:09 PM PDT by samtheman
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To: samtheman

They also paid less tax. I read somewhere that the church limited what the Lord could take from a serf at 25%.


18 posted on 05/16/2011 10:07:08 PM PDT by jospehm20
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To: mylife

AIN;T NO ONE COMING IN MY HOUSE WITHOUT AN INVITATION OR A WARRANT.NEVER HAD A WARRANT BEFORE AND DONT EXPECT TO HAVE ONE IN THE FUTURE SO NO ONE COMING IN MY HOUSE WITHOUT AN INVITATION


19 posted on 05/16/2011 10:08:14 PM PDT by merryberry
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To: LibFreeOrDie
For once, I agree with Ginsberg. WTF were the others Supremes thinking?

Why don't you read the actual ruling rather than going by a selective summary in a liberal newspaper?

20 posted on 05/16/2011 10:08:34 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: merryberry

Stop yelling!
I cant hear the Po Po’s commands LoL


21 posted on 05/16/2011 10:10:19 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: Moonman62

Why don’t you get mad at the poster of the article instead?


22 posted on 05/16/2011 10:10:54 PM PDT by LibFreeOrDie (Obama promised a gold mine, but will give us the shaft.)
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To: max americana
PERP: “I have my hands up officer, I’m coming ou—” POLICE: (smashing door), “Sorry..I thought you were destroying evidence, we didn’t hear the last sentence..”

I doubt that would work.

23 posted on 05/16/2011 10:11:21 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: merryberry

BUT THEY CAN FEEL ME UP (LESBO OR STRAIGHT.DO I GET A CHOICE...I DONT FLY) OR SEE ME NAKED TO GET ON A PLANE WHY NOT COME INTO MY BATHROOM...WELCOME THOUGH, INTO MY BATHROOM WHEN MY HUSBANDS DONE IN THERE..((HEE HEE)


24 posted on 05/16/2011 10:14:17 PM PDT by merryberry
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To: UniqueViews
Supreme Court gives police leeway no real restrictions in home searches
25 posted on 05/16/2011 10:16:08 PM PDT by paul51 (11 September 2001 - Never forget)
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To: merryberry

They already ARE in your bathroom — the government determines how much water you can use to flush your toilet and how much water you can use to shower...


26 posted on 05/16/2011 10:16:58 PM PDT by UniqueViews
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To: mylife

sorry im on a net book that just got repaired by the geeks so now if i hit shift i get all caps when i hit caps lock i get all caps i am not yelling but it took 3 weeks to repair from the geeks and i dont want to go another 3 weeks for this repair. ps this rant should be in caps lol


27 posted on 05/16/2011 10:19:42 PM PDT by merryberry
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To: UniqueViews

This is insane and an open police state tactic.


28 posted on 05/16/2011 10:22:57 PM PDT by Republic_of_Secession.
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To: UniqueViews

This is insane and an open police state tactic.


29 posted on 05/16/2011 10:23:11 PM PDT by Republic_of_Secession.
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To: UniqueViews

this is what we get from Alito?.....


30 posted on 05/16/2011 10:23:47 PM PDT by cherry
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To: mylife
So there is a knock on the door. You taking a crap. You yell “just a minute” and flush....

So don't flush. Give them something to pick through. Beside no flushing sound, no reason to believe evidence is going down the toilet, hence no justification to break in.

31 posted on 05/16/2011 10:27:05 PM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: UniqueViews

yea and its probably much more than before they were watching..My mother recently move to a modern condo from a 50’s ranch house and i told her to take the fixtures with her because she would actually use less water . remember seinfeld episode with the washing of the hair in the new low flow shower head....


32 posted on 05/16/2011 10:27:11 PM PDT by merryberry
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To: mylife
So there is a knock on the door. You taking a crap. You yell “just a minute” and flush....

So don't flush. Give them something to pick through. Beside no flushing sound, no reason to believe evidence is going down the toilet, hence no justification to break in.

33 posted on 05/16/2011 10:27:14 PM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: mylife
So there is a knock on the door. You taking a crap. You yell “just a minute” and flush....

So don't flush. Give them something to pick through. Beside no flushing sound, no reason to believe evidence is going down the toilet, hence no justification to break in.

34 posted on 05/16/2011 10:27:15 PM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: LoneRangerMassachusetts

Don’t be in the kitchen either, running the garbage disposal could bet you a bullet.


35 posted on 05/16/2011 10:31:10 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: LoneRangerMassachusetts
Don’t be in the kitchen either, running the garbage disposal could bet you a bullet.

He had a knife!

36 posted on 05/16/2011 10:32:19 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: UniqueViews; Celtic Cross; mylife; DariusBane; LibFreeOrDie; JRandomFreeper; pgyanke; samtheman; ...

What Good Can a Handgun Do Against An Army?
http://www.freerepublic.com/focus/f-backroom/2312894/posts


37 posted on 05/16/2011 10:35:30 PM PDT by 2ndDivisionVet (How do you starve an Obama supporter? Hide his food stamps under his work boots.)
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To: UniqueViews

are we talking Onion here.. Ruth bader ginsburg alone...come on! I for one ain’t falling for it but it was a nice try and a fun thread...


38 posted on 05/16/2011 10:36:17 PM PDT by merryberry
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To: 2ndDivisionVet

Amen. Good food for thought.


39 posted on 05/16/2011 10:39:27 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: merryberry

No, it’s real.


40 posted on 05/16/2011 10:39:32 PM PDT by UniqueViews
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To: UniqueViews

IOW, they could be breaking into the wrong apartment.
____________________________________________________

Another worthy reason not to live in an apartment complex.


41 posted on 05/16/2011 10:41:30 PM PDT by ri4dc (Cut your cable, Break Wind for the TSA, Flush Twice in 2012, ROTUS Meet the Hermanator)
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To: UniqueViews

I hate to say this, and it isn’t a threat, but if this does indeed become the law of the land, there will be many, many more cops being killed while on duty. This is a fact that you can take to the bank.

The public’s response will be: “I thought it was an intruder...” You see, two can play this little game.

This could get very ugly, very quickly.


42 posted on 05/16/2011 10:45:20 PM PDT by Artcore
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To: UniqueViews

Thin edge of the wedge.

Without a clear-cut warrant, this interpretation can, and will, be used so often and loosely that the 4th amendment is essentially gone.


43 posted on 05/16/2011 10:45:38 PM PDT by Jonty30
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To: UniqueViews
True, but this time Ginsburgh is the hero.
44 posted on 05/16/2011 10:46:21 PM PDT by robowombat
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To: UniqueViews

So, in essence this is house-by-house Marshall Law......


45 posted on 05/16/2011 10:47:19 PM PDT by libertarian27 (Ingsoc: Department of Life, Department of Liberty, Department of Happiness)
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To: Artcore

The difference is that you will be able to pop off one or two shots. The police will be able to pop off 70 shots.


46 posted on 05/16/2011 10:50:15 PM PDT by Jonty30
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To: Jonty30

The difference is that you will be able to pop off one or two shots. The police will be able to pop off 70 shots.
________________________________________________________

Sometimes that’s all it takes...

Lawlessness begets lawlessness.


47 posted on 05/16/2011 10:52:43 PM PDT by Artcore
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To: UniqueViews

Let’s say this home owner is a 75 year old. And let’s say he pops the cop... The home owner could be forfeiting 5 years of his life. Assume the cop is in his 30ies, he is putting 50 years of his life on the line. The advantage goes to the home owner...

Perhaps they should reconsider this.


48 posted on 05/16/2011 10:52:48 PM PDT by babygene (Figures don't lie, but liars can figure...)
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To: libertarian27

What the hell is “Marshall” law? Did you mean “Martial” law?


49 posted on 05/16/2011 10:57:13 PM PDT by Little Pig (Vi Veri Veniversum Vivus Vici.)
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To: babygene

I agree. They should definitly reconsider this stupid move. As I mentioned, if this beomes common place, the numbers of law enforcement officers who lose their life on the job will grow greatly.

Home owners will come up with really creative defenses for having to use deadly force. Cops think the big cities are dangerous? Let them try and enforce this abject stupidity, and they’ll see what dangerous is all about. This is pure foolishness.


50 posted on 05/16/2011 11:02:58 PM PDT by Artcore
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