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Supreme Court reviews warrantless entry in drug cases

Can police kick down your door without a search warrant because they "think" they smell marijuana? That is an issue for the Supreme Court. From the Washington Post:

Kentucky police were following a man who had just sold drugs to an undercover informant. They entered an apartment breezeway, heard a door slam and found they had two choices.

Behind door No. 1 was the dealer. And, unfortunately for him, behind door No. 2 were Hollis King and friends, smoking marijuana.

Smelling the drug, the officers banged loudly on King's apartment door and identified themselves as police. The officers said they heard a noise and feared evidence was being destroyed. They kicked down the door and found King, two friends, some drugs and cash.

King was sentenced to 11 years in prison, but the Kentucky Supreme Court overturned his conviction. It said that the officers had entered the apartment illegally and that the evidence they found should not have been considered in court.

On Wednesday, the case made its way to the U.S. Supreme Court, where it will provide another chance for justices to decide when police may enter a home without permission or a warrant and not violate the Constitution's protections against unreasonable searches.

Posted By jamesk at 2011-01-14 12:18:09 permalink | comments
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Paul. : 2011-01-18 02:08:01
I'll give anyone 5 to 1 odds the Supreme court finds some excuse to call the search legal. Pretty much all searches are, these days.

If you doubt me, note the Court obviously thinks an 11 year sentence for dope is A-OK, and neither cruel nor unusual. Although you can hardly blame them not finding an 11 year sentence "unusual" at all anymore.

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