Police officers in Lexington, Kentucky, set up a drug buy outside of an apartment complex using an undercover informant. [13], In 2012, the Kentucky Supreme Court addressed the issue of whether exigency existed in this case, an issue which had been previously assumed by that court and the U.S. Supreme Court. Judgment: Kentucky Supreme Court Reversed, 8-1, in an opinion by Justice Alito on May 16, 2011.

Awarded the Peabody Award for excellence in electronic media. Argument preview: When does police conduct create exigent circumstances, thereby precluding an entry or search without a warrant? Kentucky Supreme Court actually asked whether officers deliberately created the exigent circumstances with the bad faith intent to avoid the warrant requirement. United States Supreme Court KENTUCKY v. KING, (2011) No. Fish and Wildlife Service v. Sierra Club (19-547), Salinas v. U.S. Railroad Retirement Bd. This website may use cookies to improve your experience. Per one of the officers' testimony, the officers began banging on the left door “as loud as [they] could” and announced, “‘This is the police,’” or “‘Police, police, police,’”[8] after which they heard movements which they believed indicated evidence was going to be destroyed. They heard a door close but, when they got to the end of the breezeway, they encountered two doors and did not know whether the suspect entered the apartment on the right or the left. On Tuesday, the justices heard oral argument in California v. Texas. She further points out that the facts here are indistinguishable from Johnson v. United States, 333 U. S. 10 (1948), in which the Court held a warrantless entry and search unconstitutional. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. The Court has held a search or seizure without a warrant presumptively unreasonable. No contracts or commitments. Awarded the Webby Award for excellence on the internet. If you logged out from your Quimbee account, please login and try again. Before Kentucky v. King was decided, lower courts had developed the “police-created exigency” doctrine, which stated that police may not create exigent circumstances to justify a warrantless search.

Justice Ginsburg filed a dissent. "Warrantless, Police-Triggered Exigent Searches: https://en.wikipedia.org/w/index.php?title=Kentucky_v._King&oldid=966711047, Creative Commons Attribution-ShareAlike License, Defendant convicted (Fayette Co. Cir. Prior to trial, King filed a motion to suppress the evidence seized at his apartment, arguing that the contraband was obtained in violation of the Fourth Amendment. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. The court sentenced King to eleven years in prison. Where, as here, the police did not create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment, warrantless entry to prevent the destruction of evidence is reasonable and thus allowed. Kentucky v. King involves the exigent circumstances exception to the warrant requirement. get custom paper. The procedural disposition (e.g. Get Kentucky v. King, 563 U.S. 452 (2011), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. App. The rule of law is the black letter law upon which the court rested its decision. The holding and reasoning section includes: v1496 - 6baa72142ed8ef2afe1757d99d441dfaffc40bd5 - 2020-11-12T21:04:38Z. Argument analysis: ACA seems likely to survive, but on what ground? After the suspect sold the informant crack cocaine, Officer Gibson, who was undercover watching the transaction from a nearby unmarked vehicle, called in uniformed officers to pursue the suspect.

Then click here. The "destruction of evidence" exception permits warrantless entry when officers reasonably believe the occupants are destroying evidence of a crime. Assuming, but not deciding, that there were exigent circumstances here, the police actions did not violate the Fourth Amendment. 09–1272 KENTUCKY, PETITIONER v. HOLLIS DESHAUN KING ON WRIT OF CERTIORARI TO THE SUPREME COURT OF KENTUCKY [May 16, 2011] 131 S. Ct. 857 JUSTICE ALITO delivered the opinion of the Court. The Kentucky Supreme Court reversed, noting that the “exigent circumstances” rule did not apply because the police officers’ conduct impermissibly created the exigency which led to entry into the apartment. On Friday, the justices will hold their Nov. 13 conference. ); reversed, 302, Warrantless searches conducted in exigent circumstances do not violate the, Alito, joined by Roberts, Scalia, Kennedy, Thomas, Breyer, Sotomayor, Kagan, This page was last edited on 8 July 2020, at 18:35. The Kentucky Court of Appeals affirmed the conviction, holding that exigent circumstances supporting the warrantless search were not of the police's making and that police did not engage in deliberate and intentional conduct to evade the warrant requirement. Justice Alito delivered the opinion of the Court, holding that, assuming for purposes of argument that exigent circumstances did exist, the exigent circumstances rule applies because the officers did not create the exigency by violating or threatening to violate the Fourth Amendment. The award “honors men and women of courage and conviction who strive to secure the blessings of liberty to people around the globe.” […]. You can try any plan risk-free for 7 days. The Fourth Amendment requires that police obtain a warrant before entering a home though there are some exceptions. It is well established that “exigent circumstances,” including the need to prevent the destruction of evidence, permit police officers to conduct an … He also rejects King's proposed rule, which would prohibit officers from creating an exigency by “engag[ing] in conduct that would cause a reasonable person to believe that entry is imminent and inevitable,” for turning on "subtleties" and requiring a "nebulous and impractical test.".

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[7] The Supreme Court confronted the “police-created exigency” doctrine in Kentucky v. King. (1 box) Dec 14 2010: Record received from the Supreme Court of Kentucky. They reserved the issue of whether what the officers heard was sufficient to establish exigent circumstances. Justice Alito clarified the police-created exigency doctrine which had been percolating in the lower courts.

He explained that the police officers actions before they entered the apartment, knocking and announcing their presence, were lawful and "no more than any private citizen might do."

briefs keyed to 223 law school casebooks. After smelling burnt marijuana emanating from the apartment, the officers knocked loudly on the door and announced their presence.

Brief of respondent Hollis Deshaun King filed. Here's why 413,000 law students have relied on our case briefs: Are you a current student of ?

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However, there are many exceptions to the warrant requirement, including exigent circumstances, search incident to arrest, consent search, plain view, automobile exception, and border search exception.[2][3]. Symposia on rulings from October Term 2019, Opinion recap: Court articulates test for exigent circumstances, Choosing the rule for police-created exigencies in Kentucky v. King, Argument recap: Choosing the rule for warrantless searches when police create exigent circumstances. Merits Briefs. [1], The Fourth Amendment to the United States Constitution requires searches and seizures be reasonable. Get help on 【 Kentucky v. King case brief 】 on Graduateway Huge assortment of FREE essays & assignments The best writers! Officer Gibson did see the suspect enter the door on the right, but the other officers did not hear his radio transmission because it went to their vehicle. During a drug sting operation at a Lexington, Kentucky, apartment complex, police officers mistakenly went to the wrong apartment to arrest a suspect who had purchased crack cocaine. SUPREME COURT OF THE UNITED STATES No.

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