Sunday, January 13, 2019

Kentucky v. King case brief

    1. Kentucky v. King case brief summary
      1. Well established that “exigent circumstances” including the need to prevent the destruction of evidence, permit police officers to conduct an otherwise permissible search without first obtaining a warrant
      2. Police staged a drug deal and watched the dealer run into his apartment so they ran after him. They did not know if he went into the app on the left or right. They went to the one they could smell weed coming from. They banged on the door and yelled police and heard a fluster of activity in the app. They believed they were destroying evidence and smelled weed
      3. They announced they were going to make entry and kicked the door down. They saw weed and coke in plain view
      4. The drug dealer was in the apartment on the right
      5. King’s argument- by knocking on the door, the police created the exigent circumstances
      6. Can enter without a warrant when
        1. Emergency aid to injured or to protect occupant
        2. When in hot pursuit of a fleeing suspect
        3. To prevent imminent destruction of evidence
      7. Lower courts have created “police created exigency” doctrine that says police cannot use destruction of evidence to create reasonableness
      8. Reasonably foreseeable test: if it was reasonably foreseeable that the investigative tactics used would create exigent circumstances
        1. But officers have to make split second decisions so this is an unreasonable test
      9. It is stupid to say their knocking promotes the destruction of evidence- they knock for a lot of reasons
        1. They are doing what any member of the public can do- knock on doors
        2. The resident is not required to open the door
        3. If there are exigent circumstances, they can enter
      10. The search was reasonable

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