Free Republic
Browse · Search
News/Activism
Topics · Post Article

Trying to be Optimistic Post King Vs Kentucky Reasons to be optimistic

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.

1 posted on 05/17/2011 6:38:55 AM PDT by Gus221
[ Post Reply | Private Reply | View Replies ]


To: Gus221
Really disturbing times. When all of the "conservatives" on the court agree with this violation of the 4th Amendment's protections, we are all in "deep doodoo."

Between this and the Indiana Supreme Court Ruling that a resident doesn't have the right to protect himself from an illegal police entry, we are rapidly moving towards the precise sort of government our Founding Fathers fought so desperately to avoid.

Things are really getting bad if you believe in the Constitution.
2 posted on 05/17/2011 6:44:34 AM PDT by Sudetenland (TSA - Theatrical Security Affectation)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Gus221
Yes, by all means destroy the Fourth Amendment to protect us from the Demon Weed!

People smoking pot in their own homes must be stopped before they snack again.

- Michele Obama

3 posted on 05/17/2011 6:44:42 AM PDT by Aevery_Freeman (The 'Affirmative Action' pResident that destroyed America)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Gus221
"...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."

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."

4 posted on 05/17/2011 6:48:51 AM PDT by davisfh (Islam is a mental illness with global social consequences)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Gus221

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


5 posted on 05/17/2011 6:53:28 AM PDT by PATRIOT1876 (The only crimes that are 100% preventable are crimes committed by illegal aliens)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Gus221
"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."

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"?

6 posted on 05/17/2011 7:03:32 AM PDT by circlecity
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Gus221

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.


8 posted on 05/17/2011 10:21:13 AM PDT by chris_bdba
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Gus221

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?


13 posted on 05/18/2011 8:31:45 AM PDT by savedbygrace (But God.)
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson