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Kentucky V. King 563 US Case Study

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Case Citation: Kentucky v. King, 563 U.S. ___ (2011)

Parties: Kentucky/ Petitioner

Hollis Deshaun King/ Respondent

Facts: Law enforcement officers began following a suspect who sole crack cocaine to a police informant during a sting operation. The police followed the suspect into an apartment complex and lost contact with him. As the police entered the complex, they detected the odor of marijuana coming from an apartment and mistakenly believed that suspect entered the apartment. After the police knocked on the door and announced their presence, they heard noises coming from inside their apartment to which they believed to be the suspect destroying evidence. The destruction of evidence is an exigent circumstance that justifies a warrantless entry. The officers announced their intentions prior to entering the apartment and discovering King with others smoking marijuana. The suspect that they were pursuing was not inside the apartment. Upon apprehension, officers conducted a plain view search followed by …show more content…
The Circuit Court denied his motion to suppress, holding that an exigent circumstance, the belief that evidence was being destroyed, justified warrantless entry. King entered a conditional guilty plea and appealed the suppression ruling to the Kentucky Court of Appeals, which affirmed. King petitioned and the Supreme Court of Kentucky reversed, holding that even though exigent circumstances existed, the search was invalid because the police created the exigency. The Court determined that by pounding on the door and announcing themselves as police after smelling marijuana, the police have created an exigency and cannot rely on evidence being destroyed as a justification to conduct a warrantless search. Kentucky petitioned the U.S. Supreme Court for a writ of certiorari. The Court granted

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