POLICE SEARCH POWER BOOSTED

The Supreme Court Says Officers May Break into Homes in Certain Drug Cases.

The Supreme Court gave police more leeway to break into homes or
apartments in search of illegal drugs when they suspect the evidence
otherwise might be destroyed.

Ruling in a Kentucky case Monday, the justices said that officers who
smell marijuana and loudly knock on the door may break in if they
hear sounds that suggest the residents are scurrying to hide the drugs.

Residents who "attempt to destroy evidence have only themselves to
blame" when police burst in, said Justice Samuel A. Alito Jr. for an
8-1 majority.

In her dissent, Justice Ruth Bader Ginsburg said she feared the
ruling gave police an easy way to ignore 4th Amendment protections
against unreasonable searches and seizures. She said the amendment's
"core requirement" is that officers have probable cause and a search
warrant before they break into a house.

"How 'secure' do our homes remain if police, armed with no warrant,
can pound on doors at will and ...forcibly enter?" Ginsburg asked.

An expert on criminal searches said the decision would encourage the
police to undertake "knock and talk" raids.

"I'm surprised the Supreme Court would condone this, that if the
police hear suspicious noises inside, they can break in. I'm even
more surprised that nearly all of them went along," said John Wesley
Hall, a criminal defense lawyer in Little Rock, Ark.

In the past, the court has insisted that homes are special preserves.
As Alito said, "The 4th Amendment has drawn a firm line at the
entrance to the house." One exception to the search warrant rule
involves an emergency, such as screams coming from a house. Police
may also pursue a fleeing suspect who enters a residence.

The Kentucky case began when police in Lexington sought to arrest a
man who had sold crack cocaine to an informer. They followed the man
to an apartment building, but lost contact with him. They smelled
marijuana coming from one apartment. Though it turned out not to be
the apartment of their suspect, they pounded on the door, called,
"Police," and heard people moving inside.

At this, the officers announced they were coming in and broke down
the door. Instead of the original suspect, they found Hollis King
smoking marijuana and arrested him. They also found powder cocaine.
King was convicted of drug trafficking and sentenced to 11 years in prison.

The Supreme Court ruled in Kentucky vs. King that the officers'
conduct "was entirely lawful," and they were justified in breaking in
to prevent the destruction of the evidence.

"When law enforcement officers who are not armed with a warrant knock
on a door, they do no more than any private citizen may do," Alito
wrote. A resident need not respond, he added. But the sounds of
people moving and perhaps toilets being flushed could justify police
entering without a warrant.

The ruling was not a final loss for King. The justices said the
Kentucky state court should consider again whether police had faced
an emergency situation in this case.