Reply #48: I Would Love to Agree With Those In Despair, Here

[NashVegas]

But in this particular case ...

It began when police in Lexington, Ky., were following a suspect who allegedly had sold crack cocaine to an informer and then walked into an apartment building. They did not see which apartment he entered, but when they smelled marijuana smoke come from one of the apartments, they wrongly assumed he had gone into that one. They pounded on the door and called "Police. Police. Police," and heard the sounds of people moving.

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

But the Kentucky Supreme Court overturned his conviction and ruled the apartment break-in violated his 4th Amendment right against "unreasonable searches and seizures." Police had created an emergency by pounding on the door, the state justices said.

The Supreme Court heard an appeal from state prosecutors and reversed the ruling in Kentucky vs. King. Alito said the police conduct in this case "was entirely lawful," and they were justified in breaking down the door to prevent the destruction of the evidence.

Reeking hallway is a pretty reasonable ground for search/entry in a state where MJ usage is illegal.