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Criminal Law

: Fourth Amendment

SCOTUS Cert grant: Kentucky v. King: police created exigency

By John Wesley Hall, Jr.

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SCOTUS granted cert today in Kentucky v. King, 09-1272 (SCOTUSBlog here with links to the petition and response), on a question of police created exigency. The Kentucky Supreme Court's opinion is here, from January 10. This is the first Fourth Amendment case of the coming term. Question presented: Police officers entered an apartment building in hot pursuit of a person who sold crack cocaine to an undercover informant. They heard a door slam, but were not certain which of two apartments the trafficker fled into. A strong odor of marijuana emanated from one of the doors, which prompted the officers to believe the trafficker had fled into that apartment. The officers knocked on the door. They then heard noises which indicated that physical evidence was being destroyed...continue to full post

Full post as published by Fourth Amendment on September 28, 2010 (boomark / email).

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