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Supreme Court Sides With Police on Evidence-Destruction Case

May 16, 2011  | 


A U.S. Supreme Court decision handed down Monday gives law enforcement officers the right to forcibly enter a residence if they suspect evidence is being destroyed after they have announced their presence.

Under the narrowly defined Fourth Amendment ruling, officers who smell burning marijuana, knock loudly, and announce themselves can then enter the home.

The court ruled 8-1 with Justice Samuel Alito writing the majority opinion supporting law enforcement, and stating that a search such as this would not violate the Fourth Amendment's ban on unreasonable searches.

Source: New York Times

Tags: Evidence Collection, U.S. Supreme Court Cases, Search and Seizure, Fourth Amendment


Comments (3)

Displaying 1 - 3 of 3

bweekley @ 5/16/2011 6:09 PM

wow, they got one right...

Morning Eagle @ 5/17/2011 12:45 AM

Not only did they finally get one right, it was an 8 to 1 vote. Amazing! There are at least two on there that I expected of find it unreasonable.

Fernando @ 5/17/2011 12:45 AM

It's about time our courts back our LE instead of creating loopholes for criminals to escape the laws.

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