In an 8-1 vote the United States Supreme Court reversed a Kentucky ruling that excluded evidence gather after police officers entered Mr. Hollis King’s apartment without a search warrant. Police officers claimed they smelled marijuana coming from the apartment and “feared” that Mr. King was trying to get rid of incriminating evidence. Officers knocked on the door and thought they heard noises that indicated that whoever was inside was trying to get rid of incriminating evidence. The Supreme Court explained that Mr. King’s constitutional rights were not violated because the police acted reasonably and those that attempt to destroy evidence have only themselves to blame. In her dissenting opinion Justice Ginsburg said her colleagues were giving police an easy way to routinely avoid getting warrants in drug cases. She states: “police may now knock, listen then break the door down, never mind that they had ample time to obtain a warrant.”
For information on Texas criminal law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.
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