Overturning a ruling by the Kentucky Supreme Court in Kentucky v. King, No. 09–1272 (2011), the U.S. Supreme Court ruled that the police had the right to break in to an apartment. Upon following an alleged drug dealer into an apartment building, the police in pursuit could not determine which apartment their suspect had entered. The officers smelled marijuana smoke coming from one door, and wrongly assumed that he had entered that one. They then knocked and announced their presence and heard the sound of people moving. At this, the officers announced they were coming in and broke down the door. The police claimed they had reasonable suspicion and probable cause for the entry due to the smell of marijuana.
Reasonable suspicion is determined by balancing the need of a warrantless search against the intrusion a search creates concerning the Fourth Amendment. The Fourth Amendment reads in part, “The right of the people to be secure in their persons, houses…against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…” (U.S. Constitution.net, n.d.). The Fourth Amendments requirement of probable...
... middle of paper ...
...ay have had reasonable suspicion, but not probable cause that there is destruction of evidence. The Supreme Court was wrong to allow an exigency argument to be used in this case.
DeLeo, J. (2006). Glossary. The student's guide to understanding constitutional law (p. 267). Clifton Park, N.Y: Thomson Delmar Learning.
Johnson v. United States, 333 U.S. 10 (1948).
Kentucky v. King, No. 09–1272 (2011).
Legal Definition of 'Exigent Circumstances'. (n.d.). The 'Lectric Law Library's Entrance & Welcome. Retrieved December 15, 2011, from http://www.lectlaw.com/def/e063.htm.
Mincey v. Arizona, 437- U.S. 385, 394 (1978).
U.S. Constitution - Amendment 4 - The U.S. Constitution Online - USConstitution.net. Index Page - The U.S. Constitution Online - USConstitution.net. Retrieved December 12, 2011, from http://www.usconstitution.net/xconst_Am4.html.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- We had crowns of weeping willow blowing in the wind behind us as we ran across the rocks, careful not to step into the water below. My sister and I only had on school clothes, but as soon as we crowned ourselves royalty, those clothes might as well have been glittering gowns of gold. We each believed we were princesses, and this was our grand palace on the water. There was a tunnel where this narrow path of water started, we knew not to go near this tunnel. The cold drafts and echoes from the street cars above was enough to keep our curiosity to a minimum.... [tags: Environment Environmental Thoreau]
1641 words (4.7 pages)
- When a person has a cold, the food that they eat most likely does not have a taste. Most may think that it is a person’s taste buds that are providing the tongue with flavor, but it is really the nose. Seventy-five percent of what we taste from food comes from one’s sense of smell. From the sweet flavor of strawberries to the spicy taste of salsa, the tongue itself actually tastes only twenty-five percent of it. The average person can distinguish between 4,000 to 10,000 various odor molecules. Although there is not much known about the nasal cavity, one thing is certain: Little can be tasted without a sense of smell.... [tags: Anatomy]
514 words (1.5 pages)
- Technology is constantly changing, and as the capabilities change, so do the issues in Forensic information technology (FIT). FIT is defined as the scientific use or application of information technology (IT) that is used to generate and present digital evidence to be used in courts, legal or other formal proceedings (Volonio). While the use of technology helps get things done faster, it also can present many issues if the proper procedures and tools are not used and followed. An existing issue in FIT is computer forensics, in regards to preserving digital evidence and effectively conducting a computer forensics investigation.... [tags: digital media, digital evidence]
1592 words (4.5 pages)
- Evidence based practice (EBP) is a systematic approach that integrates the best currently available evidence, along with clinical expertise and each individual’s preference to make clinical decision, in order to deliver the most optimal care to patients (Baigis & Hughes, 2001). EBP in nursing refers to the adaptation of the latest best nursing research findings with nurses’ clinical experience and the value and preference of patients, families and communities to make the patient care better (The Honor Society of Nursing, 2005).... [tags: Evidence Based Practice (EBP)]
2944 words (8.4 pages)
- The Smell It was another one of those lonely Monday nights, Christina was home alone, baby-sitting her brother. Her parents left to a dinner, movies, and opera, weren't they just a little to lucky. So she had to stay home, with her little brother. Yup, that was it, being home alone by herself was scary enough, but with her brother, it was a nightmare. It was 10:30PM, she was watching Melrose Place and her brother was upstairs, sleeping like an angel. "Well at least I have peace now." she thought, boy would she be wrong.... [tags: English Literature Essays]
866 words (2.5 pages)
- ... What happened actually was that several bombs were exploded in one district at the same time in the same street, at the beginning, the perpetrator was anonymous, and authorities did not have someone evidence to accuse someone, but as it is a natural innate human response, the chatter started to take place and the rumors began to take shape (to get shaped) and as known everyone makes their own comments, that's how rumors get started (Venus Williams), until most fingers started to indicate to some individuals of one of those minorities accusing them and blaming them for what happened.... [tags: personal narrative]
645 words (1.8 pages)
- Imagery, Language, and Sound in What's That Smell in the Kitchen. Marge Piercy is an American novelist, essayist, and poet best known for writing with a trademark feminist slant. In "What's That Smell in the Kitchen?" Marge Piercy explores the way women are sometimes held in low esteem by men through the eyes of a tired housewife who has had it with her monotonous day- to-day duties. In this poem, it is not stated that the speaker is a homemaker, but the reader is told about one woman in particular who is meant to express the feelings of women as a whole.... [tags: What's That Smell]
1022 words (2.9 pages)
- Critical Analysis: Evil as evidence for Christianity Evil as Evidence for Christianity is Gregory E. Ganssle’s attempt to logically explain and disprove the claim that evil points toward there being no God. Ganssle claims exactly the opposite, that evil by definition points toward the existence of God with much more substantial evidence than the latter. Ganssle states that there are “three ways in which our thoughts about evil represent facts that point to God ”. Humans have moral objections of good and evil, evil distorts good reality away from its objective purpose or end, and the objective nature of evil rather than the concept of evil points to God.... [tags: Evidence, Creation]
712 words (2 pages)
- On the first day of “Scent, Sociality, and Sex,” we were asked which of our five senses we would sacrifice if forced to decide. Many students deemed their sense of smell their least essential sense. After reading experiments and pop science articles in class, I now better understand how imperative the sense of smell is to the daily lives of humans. I have developed new insight into the science behind olfaction, learning how the brain interprets scent signals and how the brain perceives scent stimuli.... [tags: Odor, Olfaction, Major histocompatibility complex]
1383 words (4 pages)
- Before forensic evidence is presented in a trial, it must be deemed admissible (Imwinkelried, 1998). The admissibility of evidence is determined by its reliability, its relevance and its legitimacy. The evidence must be screened against the trial court’s Rules of Evidence. The trial court is the deciding factor on the admissibility or inadmissibility of any forensic evidence. The Rules of Evidence are utilized by the courts to determine if either side (Defense or Prosecution), have presented any evidence that may be irrelevant to the case at hand (Imwinkelried, 1998).... [tags: Evidence law]
1001 words (2.9 pages)