Monday, May 16, 2011
Important 4th Amend decision from S.Ct.
In Kentucky v. King, (2011) the Court finally made clear a point that many had already assumed. Police cannot rely on the exigent circumstances exception to the warrant requirement if they create or "manufacture" the exigency by engaging in conduct which violates the 4th Amend. Not a new principle for lower courts, but it was nice to see the U.S. Supreme Court adopt that rule. The case was remanded.
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I would have liked to see the S.Ct. take a tougher approach, and conclude that the officers could have gotten a warrant without alerting the defendants, and no exigent circumstances would have existed at all. However, the Court expressly rejected this idea.
ReplyDeleteAdam:
ReplyDeleteThanks for the post. Perhaps the Kentucky Supreme Court will deal with your point on remand.
Kentucky is one of four common wealths in the U.S. As such, it holds people’s individual rights over that of the state. I’m sure their supreme court’s decision was guided by this principle. As odd as this may sound here in Texas, it was the justices’ sovereign duty to decide as they did.
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