Tuesday, May 17, 2011

This Week in Civil Liberties

Two troubling reports on the civil liberties front this week...

First, the U.S. Supreme Court, in an 8-1 decision, just ruled that police may forcefully enter a residence without a warrant based on "exigent circumstances" such as the smell of marijuana or the probably sound of folks destroying evidence. The Kentucky Supreme Court had earlier decided in favor of the defendants, arguing that the police created the exigent circumstance when they knocked on the door. Justice Ginsburg was the lone dissent.

At the state level, the Indiana Supreme Court ruled that citizens have no constitutional right to resist unlawful (i.e. warrantless) entries by law enforcement. Critics argue that the 3-2 decision undermines a legal principle as old as the Magna Carta.


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