Supreme Court sides with warrantless search.

by David Veloz

Here is a disturbing case out of Kentucky, where a man was arrested after the police stormed into his home without a warrant because they smelled marijuana.  The Supreme Court on Monday ruled that the police in Kentucky had acted reasonably, and reversed the Kentucky Supreme Court’s decision by an 8 to 1 vote.  The lone dissent from the court was made by Justice Gingsburg, apparently the only one on the bench that still understands the 4th amendment to the Constitution. 

This is an incredibly bad ruling from the court, which would give the police basically more powers to enter a home for any reason they could deem as an “attempt to destroy evidence” by the occupants of a dwelling.  The police in this case where not in an emergency, nor where they chasing down the occupant of the home, who was just smoking a marijuana joint.  But apparently, the smell of marijuana and the “belief” of that evidence could be destroy is enough for the police to trample on the 4th amendment.

You can read the case here.

Advertisements