Tuesday, September 10, 2019

Kentucky v. King, 563 U.S. ___ (2011) Essay Example | Topics and Well Written Essays - 750 words

Kentucky v. King, 563 U.S. ___ (2011) - Essay Example Acker & Malatesta (2013) highlights that the Fourth Amendment grants each person’s right to security at home in contradiction of irrational searches and seizures with no violations. The State Court’s ruling intended at eliminating instances where police created exigent conditions to avoid obtaining a warrant. The respondent appealed his sentence for possessing drugs as stated in a police search of his apartment (Doyle, 2011). The unwarranted search to Mr. King’s home was the belief by the police that there were drugs in his apartment. Then, the police had knocked on the respondent’s door and revealed their presence upon which the respondent’s room smelt burning drugs as detected from the door. According to the police, the situation called for urgent measures that prompted entry into the apartment to avoid further evidence demolition. Consequently, the Kentucky Supreme Court held to the illegality of the police search as founded on the Fourth Amendment and that the police developed the urgency. However, the U.S Supreme Court approved certiorari to investigate this decision. In November 21, 2005 at Fayette County Circuit Court, a bench accused Mr. King with trafficking marijuana, first-degree precise substance handling, and second-degree tenacious crime. The grand jury’s decision held that marijuana smoke prompting further investigations but did not vindicate warrantless search. Consequently, the respondent was granted the right to appeal. At the Kentucky Court of Appeals, Mr. King’s appeal occurred on March 14, 2008 maintaining that the police created the exigent conditions and that there was no exception to possessing a search warrant. However, the court supported the need for immediate action to prevent evidence demolition. The Kentucky Supreme Court granted Mr. King’s discretionary review on January 21, 2010 reversing the decision

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