Supreme Court Sides With Police Who, Lacking Warrant, Followed Smell of Pot into Apartment

Posted by bluemana on May 17, 2011

In situations like this, I often ask: “What Would Arnold Do?” Well, fromPredator he claimed: “It’s all bullshit! All of it!” … So I think the police and the Supreme Court are off base on this (and there is no reason whyCarl Weathers has to lose an arm). From the AP via WashPo:

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.

Read More: AP via WashPo