Supreme Court gives police leeway in home searches

Officers may break in if they hear sounds and suspect that evidence is being destroyed, the justices say in an 8-1 decision. Justice Ginsburg dissents.

By David G. Savage, Washington Bureau
LA Times
May 17, 2011

Reporting from Washington

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.

(More here.)