FOURTH AMENDMENT SHOULD TRUMP KSP

In March 2003, Kentucky State Police Detective Jason Manar knocked on the
door of then-Paducah resident Frederick Carl "Fritz" Krause III and his
roommate, Joe Yamada in the middle of the night.

The Louisville Courier-Journal reported Manar told the occupants that
a young girl claimed to have been sexually assaulted inside the house,
and he wanted to see if furniture matched her descriptions.

The problem is there was no young girl. Another man Manar had arrested
on drug charges said he bought cocaine from Krause's house. Knowing he
didn't have probable cause to obtain a warrant, Manar made up the
sexual assault story in order to get inside to search for drugs.

Once inside, the Courier-Journal reported, Manar caught Yamada trying
to hide a cocaine spoon. He also found about three grams of cocaine
and a little more than an ounce of marijuana.

Both Krause and Yamada subsequently pleaded guilty to cocaine and
marijuana charges and were placed on probation.

But Krause's plea was conditioned on the basis that he could challenge
the legality of the search.

Apparently, KSP needs to improve upon its officers' lessons in
constitutional law.

The Fourth Amendment is explicit: "The right of the people to be
secure in their persons, houses, papers and effects, against
unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and
the persons or things to be seized."

Courts have long allowed police to lie to suspects during
interrogations. For instance, police may falsely tell suspects their
fingerprints were found at a crime scene, or that a partner has
already confessed.

However, these circumstances apply only to individuals who have
already been placed under arrest and, presumably, informed of their
rights.

In this case, the Commonwealth argues the tenants consented to a
search when they let the detective inside their home. But no
reasonable person would not allow police inside their home when
confronted with charges of sexual assault.

Louisville and Lexington Police spokesmen both told the
Courier-Journal their departments encourage officers to obtain
warrants whenever possible. Both departments discourage entering homes
on the basis of a lie.

Without probable cause, Manar had no basis for applying for a warrant;
therefore, anything not applicable to the sexual assault charge should
be held as invalid evidence in court.

McCracken Circuit Judge Craig Clymer upheld the search, however,
arguing Krause and Yamada could have refused to allow Manar inside.
The Courier-Journal reported, however, that Clymer said the search
raised "serious constitutional questions," and was "not appropriate
police practice."

A three-judge panel of Kentucky's Court of Appeals also upheld the
evidence by a vote of 2-1. In her dissent, Judge Sara Combs wrote that
Manar's lie was "a dangerous threat to the essence and integrity of
the Fourth Amendment."

The case has now reached the Kentucky Supreme Court, which heard
arguments on Aug. 18. We can only hope the justices will come down on
the side of the Constitution and rule the evidence inadmissible. Some
will inevitably argue that if citizens have nothing illegal to hide,
they have nothing to worry about. Perhaps they'll change their minds
when police enter their homes looking for a fabricated "gas leak" and
end up rummaging through drawers and closets, looking for something
that may or may not be there.