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Invisiblegamer4life
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Supreme Court Okays Police Search Based on Marijuana Odor, Noises
    #14477726 - 05/19/11 09:57 AM (12 years, 9 months ago)

Supreme Court Okays Police Search Based on Marijuana Odor, Noises
Post to:TwitterFacebookDiggStumbleUponRedditby Phillip Smith, May 16, 2011, 05:00pm, (Issue #684)

Posted in: Court Rulings, Federal Courts, News Brief, Search and Seizure
The US Supreme Court Monday upheld the search of a Kentucky man's apartment after police broke in without a search warrant because they said they smelled burning marijuana and heard sounds suggesting he was trying to destroy the evidence. The decision in Kentucky v. King overturned a Kentucky Supreme Court ruling in favor of the apartment resident, Hollis King, who was arrested after police entered his apartment and found drugs.




The US Supreme Court -- dismantling the 4th amendment brick by brickFourth Amendment doctrine holds that police must obtain a search warrant to search a residence unless there are "exigent circumstances." In the current case, the exigent circumstance was that, after police knocked on the apartment door, they heard noises they said suggested evidence was being destroyed.

The Kentucky Supreme Court had held that police could not use the exigent circumstances exception because they themselves had created the exigent circumstance by knocking on the door. The US Supreme Court begged to differ.

In his opinion for the 8-1 majority, Justice Samuel Alito wrote that people have no obligation to answer the door when police knock or to allow them to come in if they have opened the door. In such cases, police would have to persuade a judge to issue a search warrant.

But that's not what King and fellow apartment residents did. They started scuttling around suspiciously upon hearing police announce their presence--or at least, police said they did. "Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame," Alito wrote.

Only Justice Ruth Bader Ginsburg dissented, arguing that in ruling for the police, the court was giving them a way to get around the search warrant requirement in drug cases. "Police officers may now knock, listen, then break the door down, never mind that they had ample time to obtain a warrant," she wrote.

Oddly enough, King was not the target of police. Lexington police had set up a controlled drug buy on the street outside the apartment building, but when they attempted to arrest the suspect, he fled into the building. When police arrived in the hallway, the suspect had vanished, and all police saw was two apartment doors. When they smelled the odor of pot coming from King's apartment, they chose that door. The original suspect was in the other apartment. They arrested him later.

[Scott Morgan, editor at our Speakeasy blog and associate director of Flex Your Rights, has a piece on Huffington Post discussing the Supreme Court decision. Click here to read it.]

Washington, DC
United States
http://stopthedrugwar.org/chronicle/2011/may/16/supreme_court_okays_police_searc


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Invisiblegamer4life
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Re: Supreme Court Okays Police Search Based on Marijuana Odor, Noises [Re: gamer4life]
    #14477731 - 05/19/11 09:59 AM (12 years, 9 months ago)

I say this to all the soldiers out there every time I post. The police are getting more freedoms to stomp on our rights while we are losing our rights. Now is the time to vote for RON PAUL because in another 10 years we will all be prisoners of the United States.

I hope you all take note of all the freedoms we are losing. I cry when I see the government treating us like terrorist. If we don't do something about these issues in 2012 then you should put yourself in handcuffs and go to your local police station and turn yourself in, even if you have never done anything wrong.

I see the police taking advantage of this by kicking in your door and telling the judge that they heard you destroying evidence. So from now on don't even expect a search warrant when they come to your house, they will just kick your door down and lie about it later in court.

Wake the fuck up America we are under a full police state.


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Edited by gamer4life (05/19/11 10:07 AM)

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InvisibleDieCommie

Registered: 12/11/03
Posts: 29,258
Re: Supreme Court Okays Police Search Based on Marijuana Odor, Noises [Re: gamer4life]
    #14477797 - 05/19/11 10:19 AM (12 years, 9 months ago)

Quote:

So from now on don't even expect a search warrant when they come to your house, they will just kick your door down and lie about it later in court.




That was already the case though.  The police have been above the law for a while, of course it sucks that it is codified more now.

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Invisiblegamer4life
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Re: Supreme Court Okays Police Search Based on Marijuana Odor, Noises [Re: DieCommie]
    #14477839 - 05/19/11 10:30 AM (12 years, 9 months ago)

Quote:

DieCommie said:
Quote:

So from now on don't even expect a search warrant when they come to your house, they will just kick your door down and lie about it later in court.




That was already the case though.  The police have been above the law for a while, of course it sucks that it is codified more now.




Exactly! When police know that they have a supreme courts ruling on their side they will take advantage of this and use it for all the wrong reasons.


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InvisiblePassiveAgressive
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Re: Supreme Court Okays Police Search Based on Marijuana Odor, Noises [Re: gamer4life]
    #14478068 - 05/19/11 11:28 AM (12 years, 9 months ago)

Quite simply use your voice recorder from your collage days (because you're that old) to monitor their actions and from here on out, unless you summoned the beast, do not open the door for them. Don't even move. Just sit there until the threat has passed. If it comes up in court, tell the panel that you were afraid they would destroy your property if you even so much as moved.

Like a poster said before, if they come in, chances are that it was your fault. If not, that's why you have the recorder - your evidence. There's no need for radicalism here.


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InvisibleAnnapurna1
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Re: Supreme Court Okays Police Search Based on Marijuana Odor, Noises [Re: PassiveAgressive]
    #14478627 - 05/19/11 01:25 PM (12 years, 9 months ago)

what was deliberately and disingenuously omitted from the text of the ruling is that while you "have no obligation to answer the door when police knock or to allow them to come in".. the act of doing so necessarily creates the "exigency"...you dont have to let the police come in but you do...


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InvisibleRobMarley420
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Re: Supreme Court Okays Police Search Based on Marijuana Odor, Noises [Re: gamer4life]
    #14478801 - 05/19/11 02:05 PM (12 years, 9 months ago)

Quote:

gamer4life said:
The police are getting more freedoms to stomp on our rights while we are losing our rights.





Fuck the police! :crankey:


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OfflineMushie23
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Re: Supreme Court Okays Police Search Based on Marijuana Odor, Noises [Re: RobMarley420]
    #14478933 - 05/19/11 02:23 PM (12 years, 9 months ago)

Yeah, Ron Paul is who I'm liking from what I'm hearing.  I can't help but be worried though, it seems like every presidential candidate says what is needed to win, then backtracks and bitches out once victory is claimed.

I guess I'm use to it though...our government is never honest with us anyway.


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Invisibleiamnotadream
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Re: Supreme Court Okays Police Search Based on Marijuana Odor, Noises [Re: Mushie23]
    #14478982 - 05/19/11 02:31 PM (12 years, 9 months ago)

This same article has been posted three times already.


It fucking blows though. This is just one step closer to revolution, a war I will gladly fight in.

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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
Re: Supreme Court Okays Police Search Based on Marijuana Odor, Noises [Re: gamer4life]
    #14479052 - 05/19/11 02:31 PM (12 years, 9 months ago)

This thread has been closed.

Reason:
"This same article has been posted three times already."

True. Please continue discussion in one of the existing threads:
http://www.shroomery.org/forums/showflat.php/Cat/0/Number/14466180
http://www.shroomery.org/forums/showflat.php/Number/14467092/fpart/all

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