Supreme Court OKs Warrantless Search :: Tennessee Criminal Lawyer Blog

Criminal defense attorneys across the country may come to remember May 16, 2011 as the date that the United States Supreme Court essentially killed the search warrant. In a decision handed down yesterday, the Supreme Court ruled that officers acted reasonably in kicking down a Kentucky man's door and entering his home without a search warrant because the officers thought they smelled marijuana emanating from the room, heard some noises, and thought the man may have been trying to destroy evidence. The Supreme Court's ruling overturned a decision from Kentucky's highest court that held the evidence was inadmissible because it was obtained without a search warrant in violation of the defendant's constitutional rights. The United States Supreme Court's decision here essentially paves the way for officers to enter any residence at any time, providing they are acting "reasonably" when they kick down your door and burst in on your terrified family.

The Supreme Court's decision in this case is one that could change the landscape of criminal law in Tennessee and across the country if it is interpreted broadly. For example, it would always be "reasonable" to assume that someone suspected of a drug offense would have drugs in the residence and would try to destroy the evidence if police knocked on their door. Thus, the authorities could knock on the door, say "police," and then barge inside in a valiant effort to preserve evidence. In fact, it is hard to imagine any crime of any type whatsoever where the defendant could not be "reasonably" expected to try to destroy some sort of evidence if he or she knew the police were at the door. It will be interesting from a criminal defense standpoint to see when and where this search warrant "exception" is utilized and hoe those cases are treated by the various state courts. Can officers simply stand outside the front doors of suspected criminals and force their way in once they hear a noise in order to ensure that no evidence is destroyed? Hopefully not, but we shall see.

In many cases, an attempt to suppress the evidence gathered against a defendant is one of the most powerful tools a defendant can use to fight his or her charges. Contact a skilled East Tennessee criminal defense attorney to discuss your case and your defense options.