Kentucky v. King case brief
Case Name: Kentucky v. King, 563 U.S. (2011)
Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent circumstances—the need to prevent destruction of evidence—justified the warrantless entry. Respondent entered a conditional guilty plea, reserving his right to appeal the suppression ruling, and the Kentucky Court of Appeals affirmed.” The Supreme Court of Kentucky also assumed that there was an exigent circumstance but it still invalidated the search. The court stated that the police should have foreseen that their conduct would most likely result in the tenants attempting to destroy the evidence therefore they should have had a warrant before going there.
Issue: A warrantless entry based on exigent circumstances is reasonable when the police did not create the exigency by engaging or threatening to engage in conduct violating the Fourth Amendment. Meaning in this case, if the police had not busted down the door there would have never been destruction of drugs and paraphernalia. Kentucky Supreme Court actually asked whether officers deliberately created the exigent circumstances with the bad faith intent to avoid the warrant requirement. Obviously warrants require paperwork and time and many police officers feel that it is a hassle and takes too long; the exigent circumstance could have been purposely made so the police officers could
Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent circumstances—the need to prevent destruction of evidence—justified the warrantless entry. Respondent entered a conditional guilty plea, reserving his right to appeal the suppression ruling, and the Kentucky Court of Appeals affirmed.” The Supreme Court of Kentucky also assumed that there was an exigent circumstance but it still invalidated the search. The court stated that the police should have foreseen that their conduct would most likely result in the tenants attempting to destroy the evidence therefore they should have had a warrant before going there.
Issue: A warrantless entry based on exigent circumstances is reasonable when the police did not create the exigency by engaging or threatening to engage in conduct violating the Fourth Amendment. Meaning in this case, if the police had not busted down the door there would have never been destruction of drugs and paraphernalia. Kentucky Supreme Court actually asked whether officers deliberately created the exigent circumstances with the bad faith intent to avoid the warrant requirement. Obviously warrants require paperwork and time and many police officers feel that it is a hassle and takes too long; the exigent circumstance could have been purposely made so the police officers could
References: Kentucky v. King 302 S. W. 3d 649 (Supreme Court 2011) reversed and remanded, No. 09-1272 (2011)