Supreme Court Says Police Do Not Need A Warrant To Enter A Home If They Smell Marijuana

Hide your kush, hide your purp. Especially if you’re in your own home.

The Supreme Court on Monday gave law enforcement officers new authority to enter a home without a warrant when they have reason to believe that drug evidence is being destroyed.

The court ruled 8 to 1 that Kentucky police who smelled marijuana at an apartment door, knocked loudly and announced themselves, and then kicked in the door when they thought the drugs were being destroyed did nothing wrong.

Justice Samuel A. Alito Jr., writing for the majority, said the conduct of the police before they entered the apartment was “entirely lawful” and neither violates nor threatens a person’s Fourth Amendment protection against unreasonable searches or seizures.

Justice Ruth Bader Ginsburg strongly disagreed.

“The court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases,” Ginsburg wrote. “In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down, nevermind that they had ample time to obtain a warrant.”

Generally, the Constitution requires police to receive permission or obtain a warrant before entering someone’s home, which Ginsburg called “our most private space.” But the court has recognized exceptions in “exigent” circumstances: For instance, when a life might be endangered, a suspect might escape or evidence might be destroyed.

Yup: life just got a little more dangerous for hood dwelling Negroes.

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