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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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To: B4Ranch
In a country where people have and exercise the right to keep and bear arms in defense of their homes and families, breaking down anyone's door is a potentially lethal propostion.

We either accept the casualty rates, get the police to stop breaking down doors so much, or stop exercising that right. Choose.

61 posted on 05/17/2011 5:05:24 AM PDT by tacticalogic
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To: UniqueViews

They need to amend this a bit. If the cops break in and no drugs are found, then they should be charged with breaking and entering. There should be a “downside” for mistakes.


62 posted on 05/17/2011 6:03:53 AM PDT by ThePatriotsFlag (You are just jealous because the voices aren't talking to YOU!)
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To: UniqueViews

Two headed snake. Conservatives have been used right along with Libs as a means to an end. Everyone pining for gov’t to make others conform to their biases regardless of the Constitution. Fascism was the goal and it’s here. Two heads on one big fat well fed snake.


63 posted on 05/17/2011 6:05:52 AM PDT by rosepetal2010 (The government is NOT your friend)
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To: UniqueViews

Excellent article on 10 signs of dictatorship....

http://www.activistpost.com/2011/05/10-indications-united-states-is.html


64 posted on 05/17/2011 6:06:18 AM PDT by rosepetal2010 (The government is NOT your friend)
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To: UniqueViews
Hypothecally, what happens if the cops knock on the door, and someone on the other side says he wants to see their badges and ID first?

Does this also exempt them from properly identifying themselves as police officers?

Is a voice claiming to be the police sufficient to require the homeowner / occupant to disarm and open the door, or does he still have the right to verify that the people requesting entry really are police officers?

65 posted on 05/17/2011 6:12:57 AM PDT by tacticalogic
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To: UniqueViews
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.

Et tu, Samuel?

It's hard for me that Ruth Bader Ginzberg is the only one who stands against increased government power here.

I'm wondering exactly why the police could not get a warrant. Were they thinking that this would be the only time this vicious criminal would be smoking pot in his home? Were they on routine Pot Patrol and smelled the burning weed, or were they already acting on information but just figured a warrant would be a waste of time?

ML/NJ

66 posted on 05/17/2011 6:49:44 AM PDT by ml/nj
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To: UniqueViews
I'm sure we'll see plenty of jack-booted drug war whores making excuses for this lunacy. They are so proud of their shiny police state.
67 posted on 05/17/2011 6:56:12 AM PDT by zeugma (The only thing in the social security trust fund is your children and grandchildren's sweat.)
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To: Moonman62
From the story, the events which begat this decision:

The Kentucky case began when police in Lexington sought to arrest a man who had sold crack cocaine to an informer. They followed the man to an apartment building, but lost contact with him. They smelled marijuana coming from one apartment. Though it turned out not to be the apartment of their suspect, they pounded on the door, called, "Police," and heard people moving inside.

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

You're cool with this?

In what way does this advance the cause of individual freedom, which we, as conservatives, cherish above all else?

68 posted on 05/17/2011 7:00:02 AM PDT by Hemingway's Ghost (Spirit of '75)
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To: rosepetal2010

good to see that someone else understands what is going on here.


69 posted on 05/17/2011 7:04:25 AM PDT by zeugma (The only thing in the social security trust fund is your children and grandchildren's sweat.)
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To: Little Pig; babygene
What the hell is “Marshall” law? Did you mean “Martial” law?

Wow, take a chill-pill, I don't spell-check at 1am :>)

Who huffed and puffed and blew your house down, anyways?

70 posted on 05/17/2011 8:02:32 AM PDT by libertarian27 (Ingsoc: Department of Life, Department of Liberty, Department of Happiness)
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To: Hemingway's Ghost
they pounded on the door, called, "Police,"

All the Supreme Court did was determine that the above action didn't violate the 4th.

Even the Kentucky Supreme Court, which was overturned, said that there were valid exigent reasons to enter the apartment.

71 posted on 05/17/2011 8:27:42 AM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: UniqueViews
GREEEEAT.

The day before Indiana rules you have no right to prevent illegal entry from police.

The next day an Indiana sheriff says that he's going to start random house searches.

And now THIS.

They're coming faster, folks. The Constitution has been rendered obsolete. I'm gettin' the hell out of the U.S. before they put down the Iron Curtain, because that shit is next.

72 posted on 05/17/2011 8:32:28 AM PDT by Lazamataz (The Democrat Party is Communist. The Republican Party is Socialist. The Tea Party is Capitalist.)
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To: UniqueViews

SOOOooooo.. we live where?

wow


73 posted on 05/17/2011 9:32:10 AM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard .. Obama: Epic Fail or Bust!!!)
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To: mylife

Is that a Hoover vacuum in the basement or your visiting cousin, , snortin’ Norton from Detroit? won’t matter now


74 posted on 05/17/2011 9:35:47 AM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard .. Obama: Epic Fail or Bust!!!)
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To: Celtic Cross
Still too open ended. This can be so easily abused.

So true. We have a bathroom right next to the front door. So, all I have to do is turn on the water to wash my hands before opening the door, and if the cop hears me, it's break-in time?

75 posted on 05/17/2011 9:36:56 AM PDT by slowhandluke (It's hard to be cynical enough in this age.)
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To: slowhandluke
So, all I have to do is turn on the water to wash my hands before opening the door, and if the cop hears me, it's break-in time?

Rather than bashing down people's doors, why don't cops simply hire someone to put a trap in the sewer main right outside the house, then go and announce their presence? If they're lucky the crooks will give them the evidence directly without them even having to search for it.

76 posted on 05/17/2011 3:47:35 PM PDT by supercat (Barry Soetoro == Bravo Sierra)
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To: Artcore
The public’s response will be: “I thought it was an intruder...” You see, two can play this little game.

Everyone, cops and citizens alike, would be safer if it were universally recognized that people who break into houses in facially-illegitimate fashion for the purpose of accosting occupants therein are robbers, regardless of their employer or uniform. Any statute or rule which would presume to declare otherwise would be contrary to the supreme law of the land, and therefore illegitimate and void. Actions which unreasonably endanger or harm persons and property without due process of law are illegitimate on their face. If questions of reasonableness could be put before a jury, I think many cops would find themselves acting much more reasonably.

77 posted on 05/17/2011 4:04:01 PM PDT by supercat (Barry Soetoro == Bravo Sierra)
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