Posted on 05/17/2011 6:38:53 AM PDT by Gus221
Reporting from Washington— 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.
http://www.latimes.com/news/nationworld/nation/la-na-court-search-20110517,0,6746878.story
(Excerpt) Read more at latimes.com ...
In light of this I remind my self the following.
1.States may and Several do impose restrictions on police power higher than the Supreme Court allows. I know Alaska will not be affected I think WA State and MT as well. I know AK they can't even search a car without a warrant even if they smell weed.
2. The Security Fence/Intercom/Steel Door Industry in most states will boom since if you can refuse entry we can (read Opinion of Court)then they can't get to your door how in the world can they find the wrong house and claim to smell something and hear something?
3. Judge Alito did say in the opinion that minus the legal jargon that if something was claimed to be smelt then then it better be found
4. Like In Heller Vs. DC and Roe V Wade I think there will be many many cases in the future on this example what kinds of sounds can and can't be used by a reasonable person to determine if evidence is being destroyed.
5. Judge Alito said in opinion they could have verbally refused entry and assert there rights instead of try to destroy evidence, I suppose this is like one of those Watergate type crimes where trying to do a cover up is more likely get you caught
Although I do worry about those situations we will read and hear in states that don't impose a higher standard we will read about the police knows there is drug activity at a house goes to the house says they smell drugs hears nosies then busts in and there is a shoot out happened to a old lady in ATL yrs ago. 98% of people will not think that at night someone breaking there door down is the police. This is danger to Everyone Civilians and Police. Sad and Shocking Day For Our Country I hope all Americans Write there Federal Elected Officials and All Who live in the states where there is not a higher restriction write their state officials. We should all write our local papers and non-profit organizations we're members of to do all we can to limit and reverse this.
People smoking pot in their own homes must be stopped before they snack again.
I have no problem with this if they are truly attempting to thwart the hiding or destruction of evidence. My fear is that this might eventually morph into an excuse to invade the homes of people who happen to disagree with certain government policies. We may, by drips and drabs, find ourselves under the control of a government not unlike the government depicted in Orwell's novel, "1984."
In other news, atheists are now allowed to pull gold crosses from Christian’s neck to melt down and give funds to the ACLU and the DNC/s
Other than a toilet flushing what sounds could possibly create an inference that the occupants are more likely than not "scurrykng to hide the drugs"?
“I have no problem with this if they are truly attempting to thwart the hiding or destruction of evidence. My fear is that this might eventually morph into an excuse to invade the homes of people who happen to disagree with certain government policies. We may, by drips and drabs, find ourselves under the control of a government not unlike the government depicted in Orwell’s novel, “1984.””
I agree. I see major opportunities for abuse. Asset forfeiture laws are similar. Who is against forfeiture of assets directly connected to a drug business? Unfortunately forfeiture laws have been applied to confiscate property without any connection to criminal activities. Former property owners have been forced to pay large amounts to retrieve their property. These laws have morphed into the ridiculous idea that inanimate objects can be guilty of crimes. Slippery slope alert.
I have a big problem with this becuse how do you ever attempt to prove someone did not “smell” something? To prove it all the police would have to do is drop a tiny amount and bingo....very scary ruling on being able to enter anywhere they want without a warrant.
Well that is what I said this I think will be something that there will be a a lot of cases in as to what sounds could be allowed and what not.
This however gives a good reason for the Conservatives to stand with Liberals and Libertarian and push for legalizing marijuana and other drugs.
I Agree,
I would not live in Indiana after this. I just thank God that States can and do Impose tighter restrictions on Police powers.
That is where this legal fight should go next. Just like in the 90’s when Washington D.C was not favorable to the 2nd Amendment we went and lobbied the states and it worked and is working.
We should all push for the following in states that do not have the following 1. Privacy Amendment 2.A version of the 4th Amendment that State Courts interpret more strongly than the Supreme Court.
Well, its like they say if you give some one a inch they will take a mile.
Security Fence and Intercoms in most states.
(some states this ruling won’t matter)
Law Abiding Citizens fearing the Police will get the wrong house go up to the door do what you say thinking it’s a Criminal Enterprise.
Sad Day when people have to live in fear their own Governments.
However some States have legalized small amounts and/or their Bill of Rights has a privacy amendment Law-Enforcement in those states still have to get a Warrant.
Hold on a minute. If police knock loudly and those inside start flushing their drugs down the toilet, the drugs are being taken off the street. What’s wrong with that result?
That is what hubby said last night. so I do hope the polciue are too busy to just randomly breakdwon doors witht he excuse tht they smell something? Here in Ohio a small amount is like a traffic ticket and even 201 grams to 999 grams is a 5th degree felony up to thirty days and/or fine $2,500 so....
That is what hubby said last night. so I do hope the police are too busy to just randomly breakdown doors with the excuse that they smell something? Here in Ohio a small amount is like a traffic ticket and even up to 201 grams to 999 grams is a 5th degree felony up to thirty days in jail and/or fine $2,500 so....
THey don’t get to feed the court system and law enforcement system with another fine/inmate! Public sector unions depend on things like this to keep their jobs!
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