Supreme Court upholds warrantless search of apartment based on marijuana smell

[upstatecajun]

The smell of marijuana smoke and sound of evidence being destroyed is enough reason for police to knock down an apartment door and search the place without a warrant, the U.S. Supreme Court ruled Monday.

In an 8-1 decision , the nation's highest court said the warrantless search of an apartment in Lexington, Kentucky was legal because of "exigent circumstances," which permits law enforcement officers to conduct a warrantless search if there is a strong likelihood of destruction of evidence.

In the case Kentucky v. King, uniformed Lexington police officers pursued a suspected drug dealer to an apartment complex. The officers approached an apartment door where they believed the suspect had entered, knocked loudly and announced their presence.

The officers said they could smell marijuana smoke and heard noises consistent with the destruction of evidence after knocking.

http://www.rawstory.com/rs/2011/05/16/supreme-court-upholds-warrantless-search-of-apartment-based-on-marijuana-smell/

[Drale]

1. What is the sound of evidence being destroyed? nt

[cdsilv]

2. the sound of silence. n/t

[asjr]

Perhaps the sound of a toilet flushing

even though it might be a legitimate action.

[jp11]

3. Allegedly 'people moving around' and it might have mentioned 'objects moving'

in the release. Discounting the idea that it could have been pets moving around, someone waking up, a disabled person attempting to getup/approach the door. Police heard 'noises' and it meant that 'evidence was being destroyed' which meant they were 'allowed' to bust in to stop it without a warrant.

[Jim__]

4. Our rights are no longer protected by the courts.

We're on our own.

[closeupready]

5. Increasingly so.

Sadly.

[villager]

6. Have been for awhile. Though the "two" parties are at least cooperating in lifting the veil

...on that particular fact.

[Broderick]

7. 8-1

It's over. Freedom is gone.

[RC]

8. Too bad too many cops are less honest than the weed smokers they chase.

[Taverner]

9. But marijuana is illegal, right? If you do something illegal you should face the consequences

Ya know...


:sarcasm:

This one goes out to all those Pro-Drug War Fascists out there...