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Supreme Court Increases Police Power to Conduct Warrantless Searches

HeadlineMay 17, 2011

The Supreme Court has granted police officers increased power to enter the homes of citizens without a warrant. In an eight-to-one ruling on Monday, the Court upheld the warrantless search of a Kentucky man’s apartment after police smelled marijuana and feared those inside were destroying evidence. Writing for the majority, Justice Samuel Alito wrote that citizens are not required to grant police officers permission to enter their homes after hearing a knock, but if there is no response and the officers hear noise that suggests evidence is being destroyed, they are justified in breaking in. In her dissent, Justice Ruth Bader Ginsburg asserted that the ruling “arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases.” In other legal news, Indiana’s Supreme Court has stripped citizens of the right to resist unlawful police entry into their homes. Critics of the ruling say it eliminates a common law right dating back to the English Magna Carta of 1215.

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