Lastly, I heard from Steve David the clearest expression of commitment to proper restraint in jurisprudence, and to deep respect for the boundaries of judicial decision-making. He will be a judge who interprets rather than invents our laws,
Guess that about does it for slimy little Mitch. Never did like the little peckerwood, this just ices it.
High court sides with police in warrantless search case from Kentucky
Associated Press
May 16, 2011
WASHINGTON The Supreme Court on Monday ruled against a Kentucky man who was arrested after police burst into his apartment without a search warrant because they smelled marijuana and feared he was trying to get rid of incriminating evidence.
Voting 8-1, the justices reversed a Kentucky Supreme Court ruling that threw out the evidence gathered when officers entered Hollis King’s apartment.
The court said there was no violation of King’s constitutional rights because the police acted reasonably. Only Justice Ruth Bader Ginsburg dissented.
Officers knocked on King’s door in Lexington and thought they heard noises that indicated whoever was inside was trying to get rid of incriminating evidence.
Justice Samuel Alito said in his opinion for the court that people have no obligation to respond to the knock or, if they do open the door, allow the police to come in. In those cases, officers who wanted to gain entry would have to persuade a judge to issue a search warrant.
But Alito said, “Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame.”
In her dissent, Ginsburg said her colleagues were giving police an easy way to routinely avoid getting warrants in drug cases.
“Police officers may now knock, listen, then break the door down, never mind that they had ample time to obtain a warrant,” she said.
The case concerned exceptions to the Fourth Amendment requirement that police need a warrant to enter a home.
The issue was whether warrantless entry was justified after the officers’ knock on the door triggered a reaction inside that sounded like the destruction of evidence.
An odd set of facts led to Monday’s ruling.
Police were only at King’s apartment building because they were chasing a man who sold cocaine to a police informant. The man entered King’s building and ducked into an apartment. The officers heard a door slam in a hallway, but by the time they were able to look down it, they saw only two closed doors.
They didn’t know which one the suspect had gone through, but, smelling burnt pot, chose the apartment on the left.
In fact, the suspect had gone into the apartment on the right. Police eventually arrested him, too, but prosecutors later dropped charges against him for reasons that were not explained in court papers.
This Sheriff should be immediately removed from office.
That sure didn’t take long.
I don’t understand.
How can a public official, who theoretically swore an oath to “preserve, protect, and defend” the Constitution, how can he get away with saying something like this and ever draw one single dime more of a public paycheck?
When the damn sheriff of the county says he can break down your door at any time with or without cause, then buddy, you got a problem!!
Same kind of problem they had in Germany with the SS!
Same kind of problem they had under Stalin!
Dame kind of problem that happened in Cambodia!!
Let`s see how well this sh*t plays in the `hoods up in Gary.
When they`re talking about “random searches,” do they mean in connection with an ongoing investigation, or just rifling through people`s homes looking for anything and anyone of interest?
Aren`t Hoosiers raising hell about this, or are they just passively bending over and grabbing their ankles?
Yet, the Left goes apesh*t over AZ`s SB1070.
Oh,wait... Latinos and other minorities will be excused from random raids after the first squawks of racism.
It was my understanding that the SCOTUS review was about a case where a police department entered a home without a warrant using fuzzy logic. I believe the issue was whether the home-owners could justifiably object with use of force. The SCOTUS said no.
If I’m misrepresenting the case, someone please correct me.
It’s my take that the SCOTUS DID NOT okay blanked raids on homes at random. It merely said that if a department enters a home without due cause, the owner shouldn’t be allowed to open fire on them.
Granted, some departments will now flaunt the laws, claiming oops, but I don’t believe the SCOTUS intended to give police the right to completely ignore the forth amendment.
What’s other people’s take on this?
Here is one for the knitting.
Okay, so it looks like Allison Bricker is a great libertarian fighting a good fight for Ron Paul and against Big Government....no problem....but is this post the standard of evidence upon which we start talking about forceably removing someone who's in office by lawful means?
Is this ruling being appealed? Kruschev said they would bring us down from within. We’re seeing it happen bit by bit.
America’s is no longer the land of the free nor home of the brave - she is lost to the atheistic socialist ideals. It is disgusting to see people actually defend this lunatic ruling in Indiana and it is not surprising to see just how quickly people are willing to give up their rights in an effort to take rights from others. We are ruled by tyrants and, generally, Americans are too ignorant and narrow minded to even understand it. They’re too busy trying to oppress others today to realize how they will be oppressed tomorrow. Idiots.
Since you posted from this guy, who is Mike Church? I’ve never heard of him. His web site looks like he stole the whole thing from Limbaugh.
Remember that slippery slope I mentioned yesterday... Here it is...
Yah, who DIDN’T see this one coming?
Well it looks like it didn’t take very long...
Either way, there are going to be a lot of unhappy people in the wake of this edict...
And someday in the future someone will say, “You know, this was a really bad idea!”
But I am not going to hold my breath...I’m going to BLOAT some more...
I can only imagine how politicians will use this new power as a tool to further an agenda.
Nothing like a smashed door in the middle of the night and a home invasion by masked and armed-to-the-teeth “authorities” to intimidate the opposition.
It’ll prove handy for disarming the populace as well.
The possibilities are endless. What a boon for the statist cause. We are a nation in decline. Face it.
omg