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Keyword: brighamcity

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  • High court sides with police in warrantless search case from Kentucky

    05/16/2011 10:01:20 PM PDT · by Fitzy_888 · 36 replies
    AP ^ | May 16, 2011 | AP
    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...
  • Supreme Court gives police leeway in home searches

    05/16/2011 9:48:14 PM PDT · by UniqueViews · 76 replies
    Los Angeles Times ^ | May 17, 2011 | David G. Savage
    Officers may break in if they hear sounds and suspect that evidence is being destroyed, the justices say in an 8-1 decision. Justice Ginsburg dissents. The Supreme Court gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed. Ruling in a Kentucky case Monday, the justices said that officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs. Residents who "attempt to destroy evidence have only themselves to blame"...
  • 4th Amendment Dead, SCOTUS dancing on grave

    05/16/2011 11:44:39 AM PDT · by jonascord · 154 replies
    US Supreme Court, Kentucky vs King ^ | May 16, 2011 | SCOTUS
    The Fourth Amendment expressly imposes two requirements:All searches and seizures must be reasonable; and a warrant may notbe issued unless probable cause is properly established and the scope of the authorized search is set out with particularity. Although“ ‘searches and seizures inside a home without a warrant are pre-sumptively unreasonable,’ ” Brigham City v. Stuart, 547 U. S. 398, 403, this presumption may be overcome when “ ‘the exigencies of the situation’ make the needs of law enforcement so compelling that [a]warrantless search is objectively reasonable under the Fourth Amendment,”