Justices to pot users: Be careful when you flush

[RonPaulFanInGA]

http://news.yahoo.com/s/ap/us_supreme_court_warrantless_entry


WASHINGTON – The Supreme Court isn't given to offering advice to people who are breaking the law, even in a minor way. But some justices on Wednesday effectively told those who might be sitting at home smoking pot when the police come knocking: Do not flush the toilet.

Because if officers smell the pot from the outside, think the occupants are trying to get rid of it and burst in without a search warrant to prevent evidence from being destroyed, some justices indicated they would approve.

The discussion arose during the court's consideration of a case about when the police can enter a home without a search warrant, which the Constitution normally requires.

There are exceptions, and the state of Kentucky argued that its treatment of Hollis King should be one such exception.

The issue for the justices is whether police action — in this case, a knock on a door — that triggers a reaction on the other side — like noise that suggests destruction of evidence — should justify the warrantless entry.

[oyarde]

A holes . Period .

[Brett85]

I don't agree with Scalia on this one. If he supports the 2nd amendment then he should support the entire Bill of Rights.

[Brian4Liberty]

It was not mentioned in court Wednesday, but the police eventually found the suspected drug dealer in the apartment on the right. Prosecutors later dropped charges against him for reasons that are not explained in court papers.

Classic! They bust the innocent bystanders and never charge the guy they were after in the first place!

[Dreamofunity]

Can't cops just say "I heard a noise, I thought they were getting rid of evidence. How do we know they didn't flush something?"

Lame.

[dannno]

Can't cops just say "I heard a noise, I thought they were getting rid of evidence. How do we know they didn't flush something?"

Lame.

lol, ya.. that's why they love rules like these.

[angelatc]

Thoughts from a lawyer: http://volokh.com/2011/01/12/thoughts-on-the-oral-argument-in-kentucky-v-king/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+volokh%2Fmainfeed+%28The+Volo kh+Conspiracy%29

[dannno]

Thoughts from a lawyer: http://volokh.com/2011/01/12/thoughts-on-the-oral-argument-in-kentucky-v-king/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+volokh%2Fmainfeed+%28The+Volo kh+Conspiracy%29


Also, in [Judge Scalia's] view, if you’re smoking pot in your apartment at night and the police knock and ask that you open the door, the smart thing to do is to politely open the door, talk to the police, and then tell them that you decline to consent to a search.

Is Judge Scalia and idiot?? If the cops SMELL pot, they don't need a warrant to search your fucking house... THAT'S probably cause right there!! So if you flush the pot, then open the door and they smell it, they won't find anything anyway.

[oyarde]

Is Judge Scalia and idiot?? If the cops SMELL pot, they don't need a warrant to search your fucking house... THAT'S probably cause right there!! So if you flush the pot, then open the door and they smell it, they won't find anything anyway.

He needs to smoke one Danno . In fact most of those Justices may benefit by a quick buzz , exposure to law enforcement and a fourth amendment issue excercise .

[Noob]

He needs to smoke one Danno . In fact most of those Justices may benefit by a quick buzz , exposure to law enforcement and a fourth amendment issue excercise .
It would not be shocking if they and many members of Congress and their family's do smoke pot in secret, and knowing that they dont have to worry about getting into trouble. Unless some one sees them doing it, and makes a big deal about, even then they just have the media put a black out on it and let it go down the memory hole.

[mrsat_98]

http://www.aclu.org/drug-law-reform/adults-have-privacy-right-use-marijuana-home-says-alaska-judge-landmark-ruling

What about the right to privacy. Get the case and read it.