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Summary: Tyrant V. King

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Facts: King was arrested and charged with first degree drug trafficking and a second degree felony for being a persistent felony offender after police pursued a suspect selling crack cocaine to undercover officers outside of an apartment complex. After the sale took place, undercover police officers pursued the suspect, who entered one of two apartments. One apartment smelled strongly of marijuana smoke so police assumed this was the apartment of entry. Upon banging on the door and announcing their presence, and failure of the occupant to answer the door, they could hear what sounded like people moving things around inside leading officers to believe evidence was being destroyed. Given the circumstance, officers announced their entry and kicked the door in to prevent the destruction of evidence. Upon entering, they found the defendant and two other people inside with cocaine and marijuana in plain view. Since the illegal drugs were in plain view, officers proceeded to search the premises without a warrant under the presumption of probable cause in which they found more drugs and drug paraphernalia. King claims the evidence should be suppressed because the police infringed upon his Fourth …show more content…
See U. S. Const. amend. IV. Ginsburg claims only emergency circumstances must qualify as an exception in exigent circumstances and should not apply in this case because the police created the exigent circumstance when they arrived on the scene. Id. at 2. In concluding, Justice Ginsburg state that there is not enough evidence demonstrating the urgency that evidence would be destroyed to conduct a warrantless search that could not have otherwise waited until police had secured a proper warrant. id. at 5

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