SEATTLE TIMES– The Supreme Court on Monday gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence might be destroyed.

The justices said 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, Justice Samuel Alito said for an 8-1 majority.

In dissent, Justice Ruth Bader Ginsburg wrote that she feared the ruling in a Kentucky case had handed the police an important new tool.

“The court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases,” Ginsburg wrote. “In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down, never mind that they had ample time to obtain a warrant.”

She said the Fourth Amendment’s “core requirement” is that officers have probable cause and a search warrant before they break into a house.

“How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and … forcibly enter?” Ginsburg asked.

An expert on criminal searches agreed, saying the decision would encourage police to undertake “knock and talk” raids.

Read full article about Supreme Court OKs Warrantless Searches.

© 2011 Seattle Times

Photo by Abby Martin