http://www.huffingtonpost.com/scott-morgan/what-does-the-supreme-cou_b_863415.html Basically in a nut shell... police were chasing a man.. he ducked into a building and the police lost him.. while searching the police smelled marijuana coming from an apartment.. knocked and announced themselves.. the cops could hear rustling.. figuring the residents were destroying evidence the police kicked in the door... and arrested Hollis King.. King challenged the police entry as a 4th Amendment violation of unreasonable searches.. in an 8-1 vote Supreme Courts found the act justified...
The amendments have always been a joke. Police have always been able to do whatever they want. After your arrest you can bring it up in court.. Fuck America with a dead bin laden cock.....
What state was this in? I find the timing quite coincidental; http://www.hipforums.com/modules/Journal/viewentry.php?journalid=3229
After reading it doesn't sound like it's out of the window or anything, just that it is certainly at risk of being abused as usual. In this case they were looking for a drug suspect, so evidence of drugs coming from an apartment could be used as evidence to say the suspect was hiding out at one of his dealer's houses or something. It is certainly a stretch, but I guess it works in this case. I'm just worried about what constitutes as the sound of "destroying evidence", sounds like bullshit.
I created a thread earlier about the case in Indiana http://www.hipforums.com/newforums/showthread.php?t=427767&f=28 Funny..in the thread I said something about this not holding up in Federal Court. Its sad that someone proved me wrong within a matter of hours.
The odor of the marijuana should have prompted the officers to get a search warrant though, they did sort of skip that necessary part of the legal process.
I've never really been one to advocate guns and violence, but the right to bear arms and the right to resist unlawful searches and seizures are closely intertwined. Perhaps without one we should take full advantage of the other while we still have the chance.
I don't really see how this violates the 4th. It's kind of like the plain sight rule but plain smell.
there are no exceptions to the 4th amendment for situations that are "kind of like the plain view rule"
The article questions the decision, questions the limits, but doesn't say that it was wrong. This was also an 8-1 ruling-not a 5-4 as has been the norm lately. I'm not saying that our 4th Amendment rights have been severely lessened lately. (I'm agreeing with you)
pretty bummed that this happened in my state, even more so my old town... LPD are a bunch of fucked up dudes power-trippin over college kids and african american males. Same story as 99% of the country though, I suppose.
your house could have a home invasion by any law enforcement agency at any given time, and there is nothing you can do about it..
yep, and that scares the shit out of me because it wouldnt be the first time they have been to my house for no real reason. They did have a warrant the last time though.