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.
Justices To Pot Users: Be Careful When You Flush
AP, Huffington Post: Politics
Wed, 01/12/2011 - 9:45pm
Topics: washington the supreme court new justice elena kagan justice antonin scalia lexington kentucky supreme court justice ruth bader ginsburg but scalia in a the constitution kentucky king it ky ginsburg justices pot flush police door home evidence officers knock noise drug entered people time burst destroyed enter friends entry
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