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Author Topic: Dont flush the toilet!  (Read 3281 times)

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Offline dixonbob

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Dont flush the toilet!
« on: January 13, 2011, 09:12:33 AM »

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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.
New Justice Elena Kagan said she worries the court could make it too easy for police to avoid the time and effort of getting warrant "in a very wide variety of cases." She said that view would require only that officers said they smelled "pot, we heard noise."
Yet several justices suggested that as long as the police reasonably suspect something illegal is going on and do not use deception or illegal means to gain entry, the search probably doesn't violate the Constitution.
Justice Antonin Scalia said the better response to the police knock is to respond and, if officers ask to come in, say "'Oh, heck, no, you can't come in; do you have a warrant?"
In King's case, he was entertaining two friends at his apartment in Lexington, Ky., on an early fall night in 2005. No one disputes that there was pot and a small amount of cocaine.
But police might never have known this were it not for a nearby undercover operation in which an informant purchased crack cocaine from a dealer. When the dealer entered King's apartment building, the police moved in to arrest him.
They heard a door slam in a hallway, but by the time they were able to look down it, they saw only two closed doors.
Their quarry had entered the door on the right. The police went left, after smelling the aroma of burnt pot coming from that door.
After they knocked, the officers said they heard noises they thought might indicate that evidence was being destroyed.
So they kicked in King's door, and finding the drugs, arrested King and his friends. King pleaded guilty to drug charges, but the Kentucky Supreme Court threw out the evidence against him and the conviction, ruling that the police did not have cause to burst into his home without a warrant.
FOUND the ignore button. Ha Ha

Offline Just_a_Biker

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Re: Dont flush the toilet!
« Reply #1 on: January 13, 2011, 07:16:14 PM »
So, if I'm sitting on my toilet doing paperwork, hear a knock at the door & hurry to finish the job to answer the door... If the cops are outside & hear the toilet flush that gives them the right to forcibly enter my home?  Not such a good idea... I keep more than TP next to the shitter & if someone kicks down my door it's not going to be a pretty sight.
The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance. Cicero - 55 BC, Rome

Offline melissacaroline

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Re: Dont flush the toilet!
« Reply #2 on: January 13, 2011, 09:08:23 PM »
LMAO Biker....so is that why my 4 year olds never flush?!LOL!

Offline Valor7

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Re: Dont flush the toilet!
« Reply #3 on: January 13, 2011, 11:30:37 PM »
So, if I'm sitting on my toilet doing paperwork, hear a knock at the door & hurry to finish the job to answer the door... If the cops are outside & hear the toilet flush that gives them the right to forcibly enter my home?  Not such a good idea... I keep more than TP next to the shitter & if someone kicks down my door it's not going to be a pretty sight.



   Just thinking about the "sight" the deputies would see is almost sufficient to cause a stress ulcer.

   This whole exception to the search warrant requirement started a long time ago usually along the lines of the cops are at the door to speak to a possible rape suspect and when they knock a female in the house begins screaming bloody murder and pleading for help. The ruling was the officers do not have time to go back and write up the paperwork for a search warrant and find a Judge to sign it before entry. The common sense approach was that time was of the essence here and a citizen needed saving so do the door.

If you were the female about to be killed by the rapist I suspect you would approve of the Judicial decision. But this article sounds like the folks at SCOTUS were having a bad hair day.

     JB

Offline Just_a_Biker

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Re: Dont flush the toilet!
« Reply #4 on: January 14, 2011, 03:22:30 AM »


   Just thinking about the "sight" the deputies would see is almost sufficient to cause a stress ulcer.

   This whole exception to the search warrant requirement started a long time ago usually along the lines of the cops are at the door to speak to a possible rape suspect and when they knock a female in the house begins screaming bloody murder and pleading for help. The ruling was the officers do not have time to go back and write up the paperwork for a search warrant and find a Judge to sign it before entry. The common sense approach was that time was of the essence here and a citizen needed saving so do the door.

If you were the female about to be killed by the rapist I suspect you would approve of the Judicial decision. But this article sounds like the folks at SCOTUS were having a bad hair day.

     JB

If it's protecting life / limb I'm all for it.  But, these guys busted down a door, the WRONG door, because they didn't have proper intel.  What would've happened if the guy inside was burning incense, just finished his paperwork when someone busts down his door, and he's a law abiding citizen protecting his home & family??  If this would have happened at the wrong house we could very easily be reading & commenting about the slaughter of a family & who knows how many LEOs?  Hopefully this will get used as a teaching / training tool so it doesn't happen again... 
The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance. Cicero - 55 BC, Rome

Offline ♥♣ ~Maynard~♣♥

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Re: Dont flush the toilet!
« Reply #5 on: January 14, 2011, 03:32:19 AM »
If it's protecting life / limb I'm all for it.  But, these guys busted down a door, the WRONG door, because they didn't have proper intel.  What would've happened if the guy inside was burning incense, just finished his paperwork when someone busts down his door, and he's a law abiding citizen protecting his home & family??  If this would have happened at the wrong house we could very easily be reading & commenting about the slaughter of a family & who knows how many LEOs?  Hopefully this will get used as a teaching / training tool so it doesn't happen again...
Will somebody help me please!
I'm trying to get the picture of Just_a_Biker getting up from the toilet with TP in one hand and a Glock in the other and his pants down around his knee's____ OMG!! ***(((*   %%$%$$#
Remember I'm a nudist so when you respond to one of my post yor talking to a naked man  :)


For entertainment purposes only. Any resemblance to real persons living or dead is purely coincidental.

Offline Valor7

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Re: Dont flush the toilet!
« Reply #6 on: January 15, 2011, 02:25:41 AM »
If it's protecting life / limb I'm all for it.  But, these guys busted down a door, the WRONG door, because they didn't have proper intel.  What would've happened if the guy inside was burning incense, just finished his paperwork when someone busts down his door, and he's a law abiding citizen protecting his home & family??  If this would have happened at the wrong house we could very easily be reading & commenting about the slaughter of a family & who knows how many LEOs?  Hopefully this will get used as a teaching / training tool so it doesn't happen again... 



   FYI, my own belief is that stupid, sloppy police work leads to very bad case law. I was not impressed with the case they were talking about.

    JB