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Police can kick down doors in drug searches, some justices say

January 18, 2011
LA Times

Be scared.  Be very, very scared.  Was it just last week that SCOTUS trashed the 4th Amendment by saying that police can take your cell phone (full of info equal to that of your computer for most people) if they make a stop and want to search your car for whatever reason.  Today it is if they smell marijuana.  Have you noticed that roasting red peppers on the stove smells a lot like marijuana?  I am not roasting red peppers anymore.  Okay, the 4th has been shot full of holes; now for a bigger attack on the Second? ~ Tom DeWeese

Police officers who smell marijuana coming from an apartment can break down the door and burst in if they have reason to believe this evidence might be destroyed, several Supreme Court’s justices suggested Wednesday.

In the past, the high court has said police usually cannot enter a home or apartment without a search warrant because of the 4th Amendment’s ban on “unreasonable searches and seizures.”

But the court’s conservatives said during arguments in a drug case Wednesday they favored relaxing that rule when police say they have an urgent need to act fast. Police had banged on the apartment door of Hollis King in Lexington, Ky. about 10 p.m. five years ago after they detected the smell of marijuana. They broke in the door when they heard sounds inside and arrested King for marijuana and cocaine possession.

And now… the rest of the story. …..

One Comment leave one →
  1. Rwolf permalink
    January 21, 2011 8:38 pm

    Who pays for the doors police kick in, when no criminal evidence of wrongdoing is found? If not police, it is foreseeable Police kicking in doors could be used as selective enforcement to intimidate and harass a home’s occupants.

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