Topic > Is this the smell of evidence being destroyed? - 929

The requirements for a police officer obtaining a court-ordered search warrant have become a bit vague. It will be easier for the police to decide not to obtain a search warrant when they themselves believe they have reasonable grounds to believe that the drugs may be in a home. The U.S. Supreme Court has ruled that when police believe they smell marijuana along with sounds of what they believe may be the destruction of evidence, it is sufficient grounds to gain forced entry into a home without a search warrant, holding probable cause and exigent circumstances. Overturning a Kentucky Supreme Court ruling in Kentucky v. King, n. 09–1272 (2011), the U.S. Supreme Court ruled that police had the right to enter an apartment. After following an alleged drug dealer into an apartment building, pursuing police were unable to determine which apartment the suspect had entered. Officers smelled marijuana smoke coming from a door and mistakenly thought he had entered through that. Then they knocked and announced their presence and heard the sound of people moving. At this point the officers announced that they would enter and broke down the door. Police said they had reasonable suspicion and probable cause to enter due to the odor of marijuana. Reasonable suspicion is determined by balancing the need for a warrantless search with the intrusion created by a search with respect to the Fourth Amendment. The Fourth Amendment reads in part: “The right of the people to security in their persons, in their houses…against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, except upon probable cause…. ” (U.S. Constitution.net, n.d.). The Fourth Amendment requirement of probable… half of the document… may have had reasonable suspicion, but not probable cause, that there is destruction of evidence. The Supreme Court was wrong to allow the use of an emergency argument in this case. Works CitedDeLeo, J. (2006). Glossary. Student guide to understanding constitutional law (p. 267). Clifton Park, NY: Thomson Delmar Learning.Johnson v. United States, 333 US 10 (1948).Kentucky v. King, No. 09–1272 (2011). Legal definition of “exigent circumstances.” (n.d.). Entrance and welcome to the Electrical Law Library. Retrieved December 15, 2011, from http://www.lectlaw.com/def/e063.htm.Mincey v. Arizona, 437- US 385, 394 (1978).Constitution of the United States - Amendment 4 - The Constitution of the United States online - Constitution of the United States .net. Index Page - The United States Constitution online - USConstitution.net. Retrieved December 12, 2011, from http://www.usconstitution.net/xconst_Am4.html.