Posted on 05/17/2011 11:20:57 AM PDT by AtlasStalled
In an 8-1 ruling, the Supreme Court today ruled that Kentucky police were okay to kick in the door of an apartment that smelled of pot and was suspected of harboring a drug suspect. The police did not have a warrant to enter the apartment, and it turns out the suspect who they were chasing was not in the apartment. * * * The Kentucky Supreme Court held that the search was illegal. But the Supremes reversed, holding that the police could enter the apartment without a warrant, because after they knocked on the door and announced their presence they heard noises inside that sounded as if drug-related evidence was about to be destroyed.
(Excerpt) Read more at blogs.wsj.com ...
Wait, I forgot Carolene, which is especially significant in this sorta case.
Which all means, as a homeowner, you’d better be prepared to shoot both invading robbers and invading police, as it seems they BOTH have the right to break down your door!!
This is just reaffirming the plain smell rulings of the past.
Plain sight is allowed, plain smell is allowed. This is NOT via police dog, this is the officer’s human abilities.
Think of a DUI stop where you can smell the booze on the drunk’s breath.
>...arbeit macht frei.
If you can ever pay your taxes, and the debt your government has laid up on your behalf...
The problem is that we are in a state where the classical meaning of 'conservative', keeping things the same, is directly at odds with 'Constitutional.'
That said, the USSC is the head of the most lawless branch of government. What we, as citizens, need to do is make the Justices of the Supreme court feel our displeasure by turning EVERY bad USSC decision against them, personally; I would start with the 2005 Kelo v. New London case wherein the USSC ruled that the imaginary numbers of a "projection" were sufficient to satisfy all 5th Amendment constraints on the usage of Eminent Domain. Therefore, I would love to see people "project" that the property belonging to the Justices (or their spouses) would produce an increased tax-revenue and then seize them... and keep doing so, even going so far as to do the same to any who would rent to them or hotels which would accept their tenancy, until they reverse their decision.
It's past time that public officials be forced to lay in the bed they've made.
>There must be something that can completely remove the smell of marijuana from the air!
Large amounts of Chlorine gas?
not quite. plain sight was not just invented.
this is just within an officers normal human faculties.
The USSC has stated police can not use infrared cameras to see/detect the insides of a house without a warrent.
That is exactly what the court found that the police did NOT do in this case. In fact, you have put your finger on the exact crux of the case, and (probably) why SCOTUS decided to grant cert.: they wanted to clarify their prior rulings on exigency, particularly with regard to the question of whether or not a police action itself created the exigency. The practical upshot is to underline the long-standing principle that the "exigent circumstance" has to be independent, and specifically NOT "created" by the police. Which, the court found in this case had not, in fact, occurred.
The link above to Volohk's site, and the decision itself are helpful in grasping this distinction.
(Reuters) - The smell of marijuana smoke is no longer enough reason for police to order someone out of a car, now that pot has been decriminalized in Massachusetts, the state's highest court said in a decision published on Tuesday.
[excerpt]
Thank God! States can and Some Do Impose tighter Restrictions on Police Powers and asset forfeiture. Each State may rule on there State constitutions. Many states like Alaska,Vermont,Montana,Washington,Louisiana,Arizona I know Alaska is Iron glad and Pretty sure that Montana,Washington State and Airzona.
The Supreme Court just sets the Minimum Protection States can always make it Stronger.
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