| 00:00:00 |
Unidentified Speaker, -
GREATER AUTHORITY TO ENTER A HOME WITHOUT A SEARCH WARRANT. IN KENTUCKY VERSUS KING THE SUPREME COURT WILL DECIDE IF THEY CAN ENTER A HOME WITHOUT...
|
| 00:00:23 |
Unidentified Speaker, -
ISSUE TODAY OF WHETHER OR NOT
|
| 00:00:26 |
Unidentified Speaker, -
POLICE CAN CREATE EXGENT CIRCUMSTANCES. THE TEST FOR THE SUPREME COURT IS IMPROPER FOR SEVERAL REASONS. THE EFFECT OF THE POLICE OFFICER WHEN AFFECT...
|
| 00:01:09 |
Unidentified Speaker, -
I BELIEVE IT'S IN OUR PETITION APPENDIX
|
| 00:01:15 |
Unidentified Speaker, -
ON PAGE 26. [PAPERS SHUFFLING] >> I'M SORRY. IT'S -- THEIR DISCUSSION STARTS ON PAGE 44A AND CARRIES OVER TO 46A. THE
|
| 00:01:42 |
Unidentified Speaker, -
FIRST QUESTION OF THEIR TEST IS WHETHER OR NOT THE OFFICERS ACTED IN BAD FAITH AND ATTEMPT TO PURPOSELY EVADE THE WARRANT REQUIREMENT. >> THAT DIDN'T...
|
| 00:01:57 |
Unidentified Speaker, -
CORRECT. THE SECOND PRONG OF THE TEST IS WHETHER OR NOT THE ACTIONS
|
| 00:02:03 |
Unidentified Speaker, -
OF THE RESPONDENT WOULD HAVE BEEN FORESEEABLE BY THE POLICE OFFICERS BEFORE THEY KNOCKED AND ANNOUNCED THEIR PRESENCE. THE PROBLEM WITH THE FORSEABILITY...
|
| 00:02:21 |
Unidentified Speaker, -
SITUATED? >> WELL, JUSTICE GINSBURG, IT ISN'T DIRECTLY SUBJECTIVE. HOWEVER, POLICE OFFICER ARE TRAINED TO EXPECT AND FORESEE ILLEGAL
|
| 00:02:31 |
Unidentified Speaker, -
ACTIVITY SO THAT THEY MAY CARRY OUT THE DUTIES OF THEIR JOB, AND PROTECTING THE CITIZENS. SO UNDER A FORESEEABILITY TEST, THE REASONABLE OFFICER WON'T...
|
| 00:03:40 |
Unidentified Speaker, -
DRUGS, DRUG TRANSACTIONS, EVERY TWO WEEKS THEY WALK THROUGH AND KNOCK ON EVERY DOOR AND WAIT FOR THE EVIDENCE OF THE DESTRUCTION OF DRUGS. IS THAT...
|
| 00:04:03 |
Unidentified Speaker, -
HEAR THE, YOU KNOW, FLESHING AND HIDING BEHIND THE
|
| 00:04:06 |
Unidentified Speaker, -
DOOR. >> WELL, I WOULD ASSERT THERE ARE TWO SEPARATE ISSUES HERE. YOU MUST HAVE PROBABLE CAUSE SEPARATE FROM THE EXISTENCE OF EXIGENT
|
| 00:04:15 |
Unidentified Speaker, -
CIRCUMSTANCES. IN THIS CASE, THERE WAS PROBABLY CAUSE DUE TO THE SMELL OF MARIJUANA. >> THEY GO TO THE APARTMENT BUILDING, THEY SNIFF AT EVERY DOOR....
|
| 00:04:29 |
Unidentified Speaker, -
STRONG SMELL OF MARIJUANA EM -- EMANATES THROUGH THE DOOR, AS A ROUTINE. THEY DO IT EVERY TWO WEEKS AS A ROUTINE MATTER. THEY DON'T JUST KNOCK ON EVERY...
|
| 00:05:04 |
Unidentified Speaker, -
4TH AMENDMENT PRIOR TO THE EXIGENCY ARISING, THERE'S NO NEED TO SUPPRESS ANY EVIDENCE. >> THE CHIEF JUSTICE WHEN HE SAID -- I THINK THIS WAS THE GENERALS...
|
| 00:05:22 |
Unidentified Speaker, -
CAN ROUTINELY KNOCK AT A DOOR AND WAIT TO SEE IF THEY HEAR A TOILET FLUSHING. I'VE TAKEN OUT OF THIS CASE. BECAUSE I DON'T KNOW WHAT NOISE MEANS....
|
| 00:05:43 |
Unidentified Speaker, -
INQUIRY? WHAT DOES THIS HAVE TO DO WITH ANYTHING? >> UNDER
|
| 00:05:47 |
Unidentified Speaker, -
THE 4TH AMENDMENT, BEFORE THE REASONABLE SEARCH -- >> THE TOILET IS FLUSHING. >> THEY MUST HAVE PROBABLE
|
| 00:05:56 |
Unidentified Speaker, -
CAUSE COUPLED WITH EXIGENT CIRCUMSTANCES. >> I THINK TWO
|
| 00:05:59 |
Unidentified Speaker, -
PROBABLE CAUSES, CAUSES ME SOME CONFUSION.
|
| 00:06:02 |
Unidentified Speaker, -
I UNDERSTAND THE REQUIREMENT OF PROBABLE CAUSE. WHAT THEY HEAR SOUND OF
|
| 00:06:06 |
Unidentified Speaker, -
EVIDENCE BEING DESTROYED AND, THEREFORE ENTER. OR ARE YOU TALKING ABOUT THE PROBABLE CAUSE TO THINKING OF SOMETHING GOING ON? >> THERE ARE TWO SEPARATE...
|
| 00:06:22 |
Unidentified Speaker, -
THEY MUST HAVE PROBABLE CAUSE TO KNOCK ON THE DOOR. >> NO, JUSTICE
|
| 00:06:27 |
Unidentified Speaker, -
KENNEDY, THEY COULD KNOCK ON THE DOOR. >>
|
| 00:06:29 |
Unidentified Speaker, -
TAKE US THROUGH IT CHRONOLOGICALLY. THE
|
| 00:06:33 |
Unidentified Speaker, -
POLICEMAN IS WALKING THROUGH THE
|
| 00:06:37 |
Unidentified Speaker, -
HALLWAY. NO PROBABLE CAUSE. HE SMELLS MARIJUANA. HE KNOCKS ON THE DOOR. WHEN DOES THE PROBABLE CAUSE ARISE, AND WHEN MUST IT ARISE? >> THE SMELL OF...
|
| 00:06:53 |
Unidentified Speaker, -
CONSISTENT WITH THE DESTRUCTION OF PHYSICAL EVIDENCE, THEN THE EXIGENCY HAS ARISED. NOW THE OFFICER HAS BOTH PROBABLY CAUSE AND EXIGENT CIRCUMSTANCES....
|
| 00:07:10 |
Unidentified Speaker, -
WAS SAYING. YOU DON'T NEED PROBABLE CAUSE TO KNOCK ON THE DOOR. IT'S PERFECTLY LAWFUL. THE KNOCK IS FINE. THEN WHEN YOU HEAR WHATEVER IT IS THAT YOU...
|
| 00:07:42 |
Unidentified Speaker, -
PROBABLE CAUSE BEYOND THINKING? >> BEYOND REASONABLE OF THE POLICE -- >> RIGHT. OKAY. >> YES, THAT IS CORRECT. >>
|
| 00:07:49 |
Unidentified Speaker, -
IT MIGHT JUST BE SOMEBODY GOING TO
|
| 00:07:51 |
Unidentified Speaker, -
THE TOILET. >>
|
| 00:07:52 |
Unidentified Speaker, -
IT COULD BE. >>
|
| 00:07:54 |
Unidentified Speaker, -
SO YOU HAVE TO SUSPECT THE REASON THE
|
| 00:07:56 |
Unidentified Speaker, -
TOILET IS FLUSHING SOMEBODY IS TRYING TO GET RID OF
|
| 00:07:59 |
Unidentified Speaker, -
EVIDENCE. IN ORDER FOR THAT TO BE THE CASE, YOU
|
| 00:08:01 |
Unidentified Speaker, -
HAVE TO SMELL THE MARIJUANA. >> YES, JUSTICE SCALIA. >> SO THERE'S ONLY ONE PROBABLE CAUSE; RIGHT? >> YES. THE EXIGENT CIRCUMSTANCES IS
|
| 00:08:11 |
Unidentified Speaker, -
A REASONABLE BELIEF BASED UPON
|
| 00:08:13 |
Unidentified Speaker, -
THE TOTALITY OF
|
| 00:08:15 |
Unidentified Speaker, -
THE SURROUNDING CIRCUMSTANCES HERE GIVEN THE OFFICER HAD A REASONABLE BELIEF THEY WERE CHASING A FLEEING FELON, THIS WAS THE DOORWAY HE HAD ENTERED,...
|
| 00:08:38 |
Unidentified Speaker, -
IT WAS NEVER SHOWN THAT THE DEALER THAT THE POLICE WERE FOLLOWING WAS AWARE THAT HE WAS FOLLOWING AND THAT HE WAS FLEEING FROM THEM. THIS IS THE --...
|
| 00:09:18 |
Unidentified Speaker, -
SUSPECT REGARDLESS OF WHETHER HE KNEW OF THEIR HOT PURSUIT OR NOT, WE CANNOT DIVORCE THOSE FACTS FROM WHAT THE OFFICERS KNEW WHEN THEY KNOCKED ON THE...
|
| 00:09:36 |
Unidentified Speaker, -
AND IF IT'S A POLICE OFFICER, YOU SAY I SMELL MARIJUANA, THEN YOU HEAR THE FLUSHING, THEN THERE'S PROBABLE CAUSE. YOU DON'T NEED ANY BUSINESS ABOUT THE...
|
| 00:09:54 |
Unidentified Speaker, -
WAS -- THERE WAS AMPLE EVIDENCE THAT EXIGENT CIRCUMSTANCES EXISTED HERE. >> MAY I ASK A QUESTION THAT GOES BACK TO WHAT YOU SAID? YOU HAVE CLARIFIED...
|
| 00:10:06 |
Unidentified Speaker, -
NICELY. THERE HAS TO BE PROBABLE CAUSE TO THINK THAT THERE'S SOMETHING WRONG GOING ON IN THE APARTMENT. YOU SAID THAT IS -- AT THAT POINT WHEN THEY...
|
| 00:11:07 |
Unidentified Speaker, -
AT THE TIME AT THE DOOR, THEY BELIEVED HE HAD ENTERED THE APARTMENT AND WAS AWARE OF THEIR PRESENCE AND WAS DESTROYING EVIDENCE OF HIS DEAL OF CRACK...
|
| 00:11:30 |
Unidentified Speaker, -
CASE? MEANING POLICE KNOCK ON THE DOOR, SUSPECT DOESN'T ANSWER IT, GETS UP AND MOVEs TO THEIR BEDROOM. BECAUSE THERE'S NO NOISE THAT WAS DESCRIBED...
|
| 00:12:22 |
Unidentified Speaker, -
TOTALITY OF THE CIRCUMSTANCES. THERE WOULD BE A MYRIAD OF CASES IN WHICH THE COURT WOULD DETERMINE SIMPLY BASED UPON THE TESTIMONY AND NOISES THAT...
|
| 00:12:47 |
Unidentified Speaker, -
ANSWERED THE DOOR? AND SAID, YES? WOULD THE POLICEMAN HAVE BEEN ABLE TO DO ANYTHING JUST BECAUSE THEY HAD SMELLED MARIJUANA? >> THEY COULD HAVE SOUGHT...
|
| 00:13:04 |
Unidentified Speaker, -
THEN THE OFFICERS WOULD NOT HAVE BEEN ABLE. >> SO BASICALLY THE
|
| 00:13:08 |
Unidentified Speaker, -
POLICE ARE TAKING ADVANTAGE
|
| 00:13:11 |
Unidentified Speaker, -
OF THE STUPIDITY OF THE CRIMINALS; IS THAT RIGHT? >> I DON'T THINK I WOULD PHRASE
|
| 00:13:16 |
Unidentified Speaker, -
IT -- >> THAT'S TERRIBLE. [LAUGHTER] >> THERE'S NOT A REQUIREMENT
|
| 00:13:21 |
Unidentified Speaker, -
TO INFORM AN OCCUPANT OF THE
|
| 00:13:23 |
Unidentified Speaker, -
RIGHT TO DENIAL. HOWEVER, THE OFFICERS COULD NOT HAVE FORCED THEIR WAY INTO
|
| 00:13:27 |
Unidentified Speaker, -
THE HOME. >> WHAT IF THE OFFICERS HAD KNOCKED, SAID WE'RE GOING TO KICK THE DOOR IN IF YOU DON'T OPEN IT? >> I
|
| 00:13:35 |
Unidentified Speaker, -
BELIEVE THAT'S STILL FINE UNDER LAWFULNESS TEST UNLESS THE OCCUPANT SUBMITS TO THE SHOW OF AUTHORITY AND COMES TO THE
|
| 00:13:42 |
Unidentified Speaker, -
DOOR AND ALLOWS ENTRY. >> AFTER THEY'VE HEARD THE MOVEMENT INSIDE OR FLUSHING OR WHATEVER, YOU CAN'T TAKE IT IN BECAUSE YOU'VE SMELLED MARIJUANA. ...
|
| 00:13:52 |
Unidentified Speaker, -
YOU KNOCK ON THE DOOR, BECAUSE YOU SMELL MARIJUANA, AND NOBODY ANSWERS AND YOU KICK THE DOOR? >> WELL, I BELIEVE THE NOISES THAT THEY HEARD WERE CONSISTENT...
|
| 00:14:05 |
Unidentified Speaker, -
NOISE. >> NO, OF COURSE NOT. THEY WOULD HAVE TO OBTAIN A WARRANT. IF THE PERSON CAME TO THE DOOR AND
|
| 00:14:11 |
Unidentified Speaker, -
DENIED
|
| 00:14:12 |
Unidentified Speaker, -
CONSENT, THEY WOULD HAVE TO OBTAIN A WARRANT. IF THE PERSON DID NOT COME TO THE DOOR, THEN THE OFFICERS WOULD STILL HAVE TO GO AND OBTAIN A WARRANT....
|
| 00:14:33 |
Unidentified Speaker, -
JUSTICE KENNEDY, I WOULD TEND TO AGREE WITH YOU. I KNOW THE COURT STATED THAT THE SMELL OF BURNING OPIUM WAS NOT THE
|
| 00:14:41 |
Unidentified Speaker, -
DESTRUCTION OF EVIDENCE. THE ONLY THING OBTAINED WOULD HAVE BEEN THE FUMES OR THE SAMERED. -- VAPORS. I TEND TO DISAGREE WITH THAT PERSONALLY. HOWEVER,...
|
| 00:15:05 |
Unidentified Speaker, -
THE OTHER SIDE SAID THERE WAS THE SAME THING. THE HOTEL ROOM INSTEAD OF APARTMENT BUILDING
|
| 00:15:10 |
Unidentified Speaker, -
THAT POLICE SMELL IN THAT CASE IT WAS -- WHAT WAS IT? >> WELL, IN WHAT OCCURRED IN JOHNSON, I BELIEVE, IS COMPLETELY DIFFERENT THAN WHAT OCCURRED HERE....
|
| 00:15:21 |
Unidentified Speaker, -
THE OFFICERS FORCED THEIR WAY INTO THE OCCUPANTS APARTMENT -- THE OCCUPANTS HOTEL ROOM. >> DIDN'T THEY SMELL MARIJUANA OR OPIUM OR SOMETHING TOO? >>...
|
| 00:15:35 |
Unidentified Speaker, -
IN. THERE WAS NO LET US IN. THERE WAS
|
| 00:15:37 |
Unidentified Speaker, -
NO DEMAND FOR ENTRY. THERE WAS NO EVEN ASKED FOR CONSTANT ENTER. THEY THEN SAID CONSIDER YOURSELF UNDER ARREST. THEY SEARCHED AND THEN HELD HER UNDER...
|
| 00:15:59 |
Unidentified Speaker, -
I BELIEVE THEY HEARD SOUNDS. SHE ACTUALLY CAME TO THE DOOR. AND THE OFFICERS FORCED ENTRY. HERE WE DON'T HAVE THAT. WE HAVE
|
| 00:16:06 |
Unidentified Speaker, -
NO FORCED ENTRY. TWO CIRCUMSTANCES. JOHNSON AND EXIGENCY DOES NOT EXIST. HERE EXIGENCY DOES EXIST. IF THERE WERE NO FURTHER QUESTIONS, I'D LIKE TO...
|
| 00:16:26 |
Unidentified Speaker, -
YOU. >> MISS O'CONNELL? >> MR. CHIEF JUSTICE, MAY IT PLEASE THE
|
| 00:16:34 |
Unidentified Speaker, -
COURT, IF POLICE POLICE OFFICERS ACT LAWFULLY IN
|
| 00:16:37 |
Unidentified Speaker, -
CONDUCTING INVESTIGATION, THEY MAY
|
| 00:16:39 |
Unidentified Speaker, -
RESPOND TO ANY EXIGENCY THAT ARISE. IT'S UP TO POLICE OFFICER TO DETERMINE HOW THEY WILL COLLECT EVIDENCE IN ANY GIVEN CASE AS LONG AS THEY STAY WITHIN...
|
| 00:17:01 |
Unidentified Speaker, -
SIDE AND WALKED AND CLOSES A DOOR IN THE BACK. THE POLICE SAY IN MY EXPERIENCE, IT'S CONSISTENT WITH THE DESTRUCTION OF PROPERTY THAT DRUG DEALERS WILL...
|
| 00:17:26 |
Unidentified Speaker, -
THE NORMAL HUMAN REACTION TO WALK INTO THE OTHER ROOM AND
|
| 00:17:29 |
Unidentified Speaker, -
SHUT THE DOOR? >> THE PERSON MIGHT NOT -- >> IT'S UNUSUAL BEHAVIOR, ISN'T IT? >> THE PERSON DOESN'T HAVE TO COME TO THE
|
| 00:17:37 |
Unidentified Speaker, -
DOOR. THEY MIGHT COME TO THE DOOR. THEY MIGHT IGNORE. >> IS
|
| 00:17:40 |
Unidentified Speaker, -
THAT A COMMON EXPERIENCE
|
| 00:17:42 |
Unidentified Speaker, -
THAT YOU KNOCK ON A DOOR AND ALL YOU HEAR IS SOMEBODY WALKING OUT OF THE ROOM AND SHUTTING A
|
| 00:17:47 |
Unidentified Speaker, -
DOOR? >> I MEAN -- >> I DON'T RECALL THIS EVER HAPPENING TO ME. MAYBE -- MAYBE I'M A
|
| 00:17:54 |
Unidentified Speaker, -
LIKABLE FELLOW AND PEOPLE OPEN THE
|
| 00:17:56 |
Unidentified Speaker, -
DOOR. [LAUGHTER] >> I MEAN I THINK THAT THAT'S -- THAT'S CERTAINLY A LAWFUL OPTION THAT SOMEBODY HAS WHEN THE POLICE POLICE OFFICERS KNOCK AT
|
| 00:18:05 |
Unidentified Speaker, -
THEIR DOOR. >> THEY COULD SAY GO AWAY. THEY COULD DO A LOT OF STUFF. WALK IN THE OTHER ROOM AND SHUT THE DOOR. THAT'S
|
| 00:18:14 |
Unidentified Speaker, -
STRANGE. >> I GUESS SOME PEOPLE MIGHT IF THEY DON'T WANT TO GIVE CONSENT. I THINK IN ORDER TO GO IN BASED ON THE EXIGENT CIRCUMSTANCES,
|
| 00:18:22 |
Unidentified Speaker, -
THE POLICE WOULD HAVE TO BE ABLE TO ARTICULATE TO A COURT THAT THEY OBJECTIVELY, REASONABLY BELIEVED THERE WAS DESTRUCTION OF EVIDENCE. >> WHAT WAS...
|
| 00:18:39 |
Unidentified Speaker, -
ABOUT TOILET FLUSHING. >> JUSTICE GINSBURG, IT'S OUR POSITION THAT THE COURT SHOULD ASSUME THERE WAS EXIGENCY IN THIS CASE.
|
| 00:18:49 |
Unidentified Speaker, -
THE RESPONDENT'S BRIEF AND OPPOSITION, HE ARGUED THERE WAS INSUFFICIENT EXIGENCY. HE NONETHELESS QUESTIONED ON WHETHER THE POLICE CREATED EXIGENCY WOULD...
|
| 00:19:47 |
Unidentified Speaker, -
THE 4TH AMENDMENT, WE ARE ASKING WHETHER EACH STEP IS REASONABLE. WHAT SOME COURTS HAVE DONE, THIS WAS NOT THE APPROACH OF THE COURT BELOW, WHAT SOME...
|
| 00:20:38 |
Unidentified Speaker, -
AND SEIZURES. GETTING A WARRANT IS ONE WAY THAT THEY COULD DO THAT. GETTING CONSENT TO CONDUCT A SEARCH OR SEIZURE IS ANOTHER WAY. THERE'S NO JUSTIFICATION...
|
| 00:21:20 |
Unidentified Speaker, -
IS TO CREATE EXIGENT CIRCUMSTANCES? >> YES, I THINK THAT UNDER THIS -- THE WAY THIS COURT HAS INTERPRETED 4TH AMENDMENT WARRANT EXCEPTION,
|
| 00:21:32 |
Unidentified Speaker, -
AS LONG AS THERE'S NO VIOLATION OF THE 4TH AMENDMENT, THIS IS OKAY. THE POLICE OFFICERS CAN RELY ON ANY ENSUING -- >> THE QUESTION PRESENTED IN THE ...
|
| 00:21:47 |
Unidentified Speaker, -
UNLAWFUL. I TAKE IT THERE'S A DIFFERENCE IN THOSE? OR NO DIFFERENCE? >> WELL, YES, THERE IS A DIFFERENCE. I THINK THAT THAT COMING
|
| 00:22:00 |
Unidentified Speaker, -
UP IN RESPONDENT'S ARGUMENT, FOR EXAMPLE, IF THE POLICE OFFICER SAID I HAVE A WARRANT, LET ME IN, IF HE DIDN'T AS IN THUMPER V. NORTH CAROLINA, THAT'S...
|
| 00:22:28 |
Unidentified Speaker, -
BREYER, THE OBJECTION TO THAT IS SIMPLY THAT IN ALL CASES THAT ARE FOUNDED UPON PROBABLE
|
| 00:22:34 |
Unidentified Speaker, -
CAUSE THAT ARE NOT PROGRAMMATIC SEARCHES THAT ARE CONDUCTED WITHOUT ANY INDIVIDUALIZED SUSPICIOUS, THIS COURT HAS REPEATEDLY REJECTED PRONGS OF THE...
|
| 00:22:56 |
Unidentified Speaker, -
ON EVERY DOOR. YOU KNOW? WHAT ABOUT THAT? I'LL OBJECTIVELY DETERMINE BAD FAITH. >> I'M SORRY. I DON'T -- >> MY POINT IS A SOLELY UNLAWFUL TEST WOULD...
|
| 00:23:09 |
Unidentified Speaker, -
POLICE TO GET INTO THE HABIT OF JUST KNOCKING AT EVERY
|
| 00:23:13 |
Unidentified Speaker, -
DOOR. BUT IF YOU SAY THAT ALSO IT HAS TO SURVIVE A BAD FAITH TEST, WHERE BAD FAITH IS OBJECTIVELY NOT SUBJECTIVELY DETERMINED, THEN YOU WILL RULE OUT...
|
| 00:23:41 |
Unidentified Speaker, -
A BAD FAITH TEST WITH OTHER THINGS THAN THE UNLAWFUL. THE SECOND CIRCUIT USES
|
| 00:23:46 |
Unidentified Speaker, -
ONLY THE WORD UNLAWFUL. I THOUGHT WE TOOK THIS CASE TO IRON OUT THAT DISCREPANCY. IF WE DID, I'D LIKE TO KNOW YOUR OBJECTION TO IRONING IT OUT BY...
|
| 00:24:14 |
Unidentified Speaker, -
IT COULD MEAN HAVING NO REASON OTHER THAN KNOCKING ON THE DOOR OTHER THAN TO CREATE
|
| 00:24:21 |
Unidentified Speaker, -
EXIGENT CIRCUMSTANCES. >> WELL, JUSTICE ALITO, I THINK IT WOULD BE DIFFICULT TO DETERMINE OBJECTIVELY -- >> THE POLICE SAY I DON'T WANT TO GET A WARRANT....
|
| 00:24:32 |
Unidentified Speaker, -
WE HAVE OTHER THINGS TO DO. I HAVE A GREAT IDEA.
|
| 00:24:35 |
Unidentified Speaker, -
LET'S KNOCK AT DOOR. AND THEN AS LONG AS HE STARTS MOVING AROUND, I KNOW WHAT HE'S DOING INTO THE BATHROOM MEANS. AND WE'LL HEAR THAT AND WE'LL BE ABLE...
|
| 00:24:57 |
Unidentified Speaker, -
THE DOOR AND DON'T HEAR SOMEBODY DESTROYING EVIDENCE INSIDE, THEY ARE GOING TO HAVE TO LEAVE AND GET A WARRANT. I THINK THAT'S ENOUGH. >> YOU DON'T...
|
| 00:25:11 |
Unidentified Speaker, -
I MEAN THE HYPOTHETICAL IS AN UNREALISTIC ONE. THEY KNOCK ON THE DOOR. SOMEBODY MOVES INSIDE. >> NO, NO, I MEAN TO ADD, AND, IN FACT, THERE'S PROBABLE...
|
| 00:25:25 |
Unidentified Speaker, -
RELEVANT POINT. >> THAT'S A DIFFERENT HYPOTHETICAL. >> OKAY. ADD THAT. >> THEY KNOCK ON EVERY DOOR UNDER
|
| 00:25:32 |
Unidentified Speaker, -
WHICH THEY SMELL MARIJUANA. >> CORRECT, THAT'S
|
| 00:25:34 |
Unidentified Speaker, -
WHAT I MEAN. I DON'T ALWAYS SPELL IT
|
| 00:25:37 |
Unidentified Speaker, -
OUT. >> I THINK THERE IS -- THE COURT SHOULDN'T BE CONCERNED AND CERTAINLY
|
| 00:25:41 |
Unidentified Speaker, -
NOT CONCERNED ENOUGH TO ADOPT A BAD FAITH OR SUBJECTIVE MOTIVATION
|
| 00:25:45 |
Unidentified Speaker, -
PRONG TO A TEST THAT CREATES. >> PLUS, WHAT MAKES THAT DIFFERENT THAN KNOCKING ON THE DOOR AND SAYING OPEN THE DOOR OR
|
| 00:25:55 |
Unidentified Speaker, -
I'M GOING TO KICK IT IN? YOU ARE SAYING THAT'S LAWFUL. BECAUSE UNDER THE PERSON SUBMITS -- YOU ARE SUGGESTIONS THERE'S NO COERCION IN THAT WHATSOEVER....
|
| 00:26:14 |
Unidentified Speaker, -
FIND OUT IS THEY NOW HAVE A TACTIC WHICH IS THEY
|
| 00:26:17 |
Unidentified Speaker, -
GO THROUGH THE BUILDING AND EVERY TIME THEY SMELL MARIJUANA, HASH, OR I DON'T KNOW WITH CRACK COCAINE SMELLS OR NOT WHEN THEY ARE SMOKING IT, WHENEVER...
|
| 00:26:40 |
Unidentified Speaker, -
THE EVIDENCE WOULD BE EXCLUDED AS A COERCED CONTENT SEARCH IS ENOUGH OF A DETERRENT. >> THERE'S NO BAD FAITH MEASURE. AND LAWFULNESS IS DEFINED
|
| 00:26:56 |
Unidentified Speaker, -
BY PHYSICAL SEIZURE. IF WE HAVE CASES THAT SUGGEST SOMETHING ELSE, THE COMMAND TO SUBMIT, YOUR ARGUMENT WOULD BE LOSS; CORRECT? >> I THINK -- >> THANK...
|
| 00:27:10 |
Unidentified Speaker, -
O'CONNELL. >> MS. DRAKE? >> MR. CHIEF JUSTICE, AND MAY IT PLEASE THE COURT, THE
|
| 00:27:26 |
Unidentified Speaker, -
ODOR OF BURNT MARIJUANA COUPLED WITH
|
| 00:27:28 |
Unidentified Speaker, -
OFFICER
|
| 00:27:30 |
Unidentified Speaker, -
CAUSE, CURSORY, AND EQUIVOCAL TESTIMONY ABOUT THE SOUNDS OF MOVEMENT. HE COULDN'T DISCERN EXACTLY, AND HIS TRAINING AND EXPERIENCE LED HIM ONLY POSSIBILITY...
|
| 00:27:53 |
Unidentified Speaker, -
TO SUPPORT EXIGENCY.
|
| 00:27:55 |
Unidentified Speaker, -
AND THE SUGGESTION THAT WE'VE HEARD ON THE OTHER SIDE, THAT'S AN ISSUE THAT CAN BE ADDRESSED ON REMAND ONCE WE CORRECT THE STATE COURT'S ERROR IN THAT...
|
| 00:28:25 |
Unidentified Speaker, -
WHETHER A REMAND WOULD BE APPROPRIATE IN THIS CASE, THE QUESTION OF WHETHER EXIGENT CIRCUMSTANCES EXISTS IS LOGICALLY ANTECEDENT IN ANY CREATED EXIGENCY...
|
| 00:28:43 |
Unidentified Speaker, -
I DON'T CARE WHETHER THEY WERE OR NOT. THE LEGAL STANDARD IS ANTI-DEE DENT TO THE APPLICATION OF THE FACTS. >> THERE'S NO POINT INTO DEVILING WHETHER...
|
| 00:28:58 |
Unidentified Speaker, -
EXIGENCY TO BEGIN WITH. >> I THINK THE COURT IS TAKING THE QUESTION IN THE QUESTION OF WHETHER OR NOT THE POLICE MAY CREATE EXIGENT CIRCUMSTANCES
|
| 00:29:08 |
Unidentified Speaker, -
AND USE THOSE EXIGENT CIRCUMSTANCES TO ENTER. WHETHER OR NOT THEY WERE EXIGENT CIRCUMSTANCES BECAUSE OF THE SOUND AS IT SEEMS TO ME A CONSIDER QUESTION....
|
| 00:29:33 |
Unidentified Speaker, -
THERE IS NO. >> SURE THIS IS. IT IS DISMISSED BECAUSE THE STATE SUPREME COURT HELD YOU CAN'T BRING THIS EVIDENCE IN. IF WE SAY, OH, YESSING
|
| 00:29:40 |
Unidentified Speaker, -
YOU CAN. THEN THE ISSUE BECOMES LIVE AGAIN. >> THAT CONCLUSION IS DEPENDENT ON THE NOTION THAT IN AN INDICTMENT IS MERGED WITH THE JUDGMENT SUCH...
|
| 00:29:52 |
Unidentified Speaker, -
A DECISION IN THE COMMON LAW FAVOR IN THIS CASE WOULD VACATE THE DECISION OF THE KENTUCKY SUPREME COURT, WHICH VACATES THE UNDERLYING SUPPRESSION ORDER....
|
| 00:30:16 |
Unidentified Speaker, -
DECIDED TO HAVE ARGUMENT. >> YES, YOUR HONOR. >> MAYBE IT
|
| 00:30:19 |
Unidentified Speaker, -
WOULD BE YOUR CASE. BUT MAYBE IT WOULD BE BEST TO MOVE ON
|
| 00:30:22 |
Unidentified Speaker, -
TO THE LEGAL ISSUE. >> IF WE MOVE TO
|
| 00:30:24 |
Unidentified Speaker, -
THE QUESTION OF WHETHER THE POLICE HAS
|
| 00:30:26 |
Unidentified Speaker, -
CREATED EXIGENT CIRCUMSTANCES, IT'S IMPORTANT THAT WE ARE ALL OPERATING ON THE
|
| 00:30:30 |
Unidentified Speaker, -
SAME UNDERSTANDING, THE FACTS IN THIS CASE. THIS CASE DOES NOT INVOLVE A SIMPLE KNOCK AT THE DOOR. AND THE DISTINCTION IS IMPORTANT. IN THIS CASE,...
|
| 00:30:57 |
Unidentified Speaker, -
READ THE TRIAL COURT RECORD. I KNOW THEY KNOCKED LOUDLY. WHAT ELSE DID THEY DO? >> YES, THIS IS LOCATED AT THE APPENDIX TO THE PETITION IN THE BOTTOM...
|
| 00:31:09 |
Unidentified Speaker, -
TO 4A. THE TRIAL COURT FOUND DETECTIVE MAYNARD ATTEMPTING TO LOCATE AND ARREST THE SUSPECT IN QUESTION BANGED ON THE DOOR OF THE APARTMENT ON THE BACK...
|
| 00:31:57 |
Unidentified Speaker, -
ON TO EXPLAIN, THIS IS ON PAGE 24 OF THE JOINT
|
| 00:32:02 |
Unidentified Speaker, -
APPENDIX. DETECTIVE MAYNARD WITH SERGEANT SIMMONS, WE EXPLAINED TO THEM, REFERRING TO THE OCCUPANTS OF THE APARTMENT, WE WERE GOING TO MAKE ENTRY INSIDE...
|
| 00:32:22 |
Unidentified Speaker, -
YOU DISAGREE, WAS THE DESTRUCTION OF EVIDENCE? >> IT'S UNCLEAR FROM THE TRIAL COURT'S FACTUAL FINDING WHAT THE ORDER OF EVENTS WAS. THE TRIAL
|
| 00:32:34 |
Unidentified Speaker, -
COURT FOUND BANGED ON THE DOOR OF THE APARTMENT, IDENTIFIED THEMSELVES AS POLICE OFFICERS, AND -- >> NOW IS THERE THAT UNLAWFUL? IS KNOCKING LOUDLY...
|
| 00:32:49 |
Unidentified Speaker, -
UNREASONABLE, YOUR HONOR. >> IS IT UNLAWFUL? IS SAYING OPEN UP, POLICE,
|
| 00:32:55 |
Unidentified Speaker, -
IS THAT UNLAWFUL? >>
|
| 00:32:57 |
Unidentified Speaker, -
WELL, IT'S CERTAINLY NOT UNLAWFUL IN THE SENSE THAT IT VIOLATES ANY PROVISION OF THE PENAL
|
| 00:33:04 |
Unidentified Speaker, -
CODE. THIS IS THE 4TH AMENDMENT CASE. >> THE PROBLEM THAT I HAVE IS THERE ARE A LOT OF CONSTRAINTS ON LAW ENFORCEMENT. THE ONE THING THAT IT HAS GOING...
|
| 00:33:13 |
Unidentified Speaker, -
THAT THE CRIMINALS ARE STUPID. AND WE HAD A CASE SOME YEARS AGO WHICH THE ISSUE WAS WHETHER THE WASHINGTON POLICE COULD ENTER BUSES ARRIVING FROM THE...
|
| 00:34:33 |
Unidentified Speaker, -
CRIMINALS ARE STUPID. THAT'S WHY WE GET ALL OF THE CRIMINAL CASES. THERE IS NO DIFFERENCE BETWEEN WHAT HAPPENED IN THIS CASE AND HOW AN INNOCENT PERSON...
|
| 00:35:03 |
Unidentified Speaker, -
WHEN THE ALLEGED EXIGENT CIRCUMSTANCES AROSE. AND THE ONLY TESTIMONY ON THE POINT THAT I AM AWARE OF IS ON PAGES 22 AND 23 OF THE APPENDIX WHERE THE...
|
| 00:35:48 |
Unidentified Speaker, -
APPEARS ON PAGE 24. IF YOUR HONOR KEEPS READING. >> RIGHT. WE KNEW THERE WAS POSSIBILITY SOMETHING THAT WAS GOING TO BE DESTROYED INSIDE THE APARTMENT....
|
| 00:35:59 |
Unidentified Speaker, -
DETECTIVE MAYNARD -- THIS IS AFTER THEY HEARD THE SOUNDS, AFTER THEY CLAIM TO HAVE HEARD THE SOUNDS. >> YES. OFFICER COBB'S TESTIMONY SUGGEST THAT...
|
| 00:36:12 |
Unidentified Speaker, -
THE TRIAL COURT, HOWEVER, IS THAT THIS WAS ALL HAPPENING SIMULTANEOUSLY AND IN VERY QUICK FASHION. >> IS THERE ANY EVIDENCE OF THAT? DID ANYBODY ELSE...
|
| 00:36:26 |
Unidentified Speaker, -
OFFICER COBB'S TESTIMONY WAS ALL OF THE COMMONWEALTH OFFERED. BUT
|
| 00:36:31 |
Unidentified Speaker, -
THE CHRONOLOGY OF THE DEMAND IS NOT DISPOSITIVE IN THIS CASE. BECAUSE THE DEMAND ITSELF IS NOT DISPOSITIVE. THE DEMAND REMOVES ANY DOUBT THAT THE OFFICERS...
|
| 00:36:55 |
Unidentified Speaker, -
IS THERE ANYTHING WRONG WITH THAT? >> IT DEPENDS ENTIRELY ON WHETHER A REASONABLE PERSON WOULD INTERPRET THAT BEHAVIOR AS THE
|
| 00:37:07 |
Unidentified Speaker, -
OFFICER CONVEYING THE IMPRESSION THAT ENTRY WAS EMINENT AND INEVITABLE. THIS FEEDS BACK TO JUSTICE SCALIA'S QUESTION. WHAT IS UNREASONABLE ABOUT WHAT...
|
| 00:37:27 |
Unidentified Speaker, -
DONE IS TO KNOCK ON THE DOOR AND THEY SAY POLICE, POLICE, POLICE, THIS IS THE POLICE. MAYBE IT TURNS ON HOW LOUDLY THEY SPOKE, OR HOW LOUDLY THEY KNOCKED....
|
| 00:37:47 |
Unidentified Speaker, -
THIS IS NOT A CASE WHERE THEY COME IN
|
| 00:37:51 |
Unidentified Speaker, -
AND IN EFFECT DEMAND ENTRY. MY UNDERSTANDING IS THAT THE ISSUE IN THE CASE IS WHETHER OR NOT AFTER A REQUEST FOR ENTRY THEY CAN THEN BASE PROBABLE...
|
| 00:38:58 |
Unidentified Speaker, -
TALK. THEY ARE SEEKING -- THEY ARE ON -- THE SCENARIO IS SUCH THAT NO ONE WOULD DOUBT THE CONSENSUAL ENCOUNTER. OUR POSITION IS BECAUSE THAT BEHAVIOR...
|
| 00:39:25 |
Unidentified Speaker, -
|
| 00:39:26 |
Unidentified Speaker, -
WRONG IS IRRESPECTIVE HOW THE POLICE BEHAVIOR, IF IT IS REASONABLE TO SEE IF THEIR TACTIC WILL CREATE EXIGENT CIRCUMSTANCES. I WOULD THINK IT'S REASONABLY...
|
| 00:40:47 |
Unidentified Speaker, -
THEY CONVEYED TO THE IMPRESSION TO REASONABLE PERSON THAT ENTRY IS EMINENT AND INEVITABLE. OUR TESTS FOLLOWS FROM THE 4TH AMENDMENT REQUIREMENT THAT...
|
| 00:41:29 |
Unidentified Speaker, -
TEST. YOU ARE JUST DISAGREEING ABOUT WHAT'S LAWFUL. >> TO THE EXTENT THAT LAWFUL IS DEFINED
|
| 00:41:44 |
Unidentified Speaker, -
AS SYNONYM FOR UNREASONABLE, WE WOULD AGREE. THERE IS AREA OF AGREEMENT BETWEEN THE COMMONWEALTH AND I. AND IT IS ON THE ISSUE OF THIS KNOCK AND TALK....
|
| 00:42:20 |
Unidentified Speaker, -
OR KNOCK AND DEMAND WHICH IS HOW THE TRIAL
|
| 00:42:24 |
Unidentified Speaker, -
COURT CHARACTERIZED IT. >> I DON'T KNOW ABOUT THE LABELS. WHAT DID THE POLICE DO THAT WEREN'T BEYOND WHAT WOULD BE PERMITTED ON YOUR
|
| 00:42:32 |
Unidentified Speaker, -
UNDERSTANDING OF THE PURE KNOCK AND TALK? THE VOLUME OF THE KNOCKING? >> YES. IT'S THE BANGING, NOT KNOCKING, IT'S ANNOUNCEMENT -- >> BANGING
|
| 00:42:41 |
Unidentified Speaker, -
NOT KNOCKING? >> BANGING, NOT A SOFT -- NOT THE KNOCK THAT YOU
|
| 00:42:47 |
Unidentified Speaker, -
WOULD EXPECT A REASONABLE PERSON TO ENGAGE IN IN
|
| 00:42:50 |
Unidentified Speaker, -
THE ORDINARY DISCOURSE WITH ANOTHER PERSON. OR THAT YOU WOULD EXPECT FROM AN OFFICER ATTEMPTING TO CANE CONSENSUAL. >> YOU MIGHT HAVE CONSIDERABLE SUPPORT...
|
| 00:43:04 |
Unidentified Speaker, -
IS CREATED BY UNLAWFUL ACTIVITY BY THE POLICE. WHICH WOULD INCLUDE CONVEYING THE IMPRESSION THAT THEY ARE ABOUT TO KICK THE DOOR IN. THEN YOU HAVE...
|
| 00:44:20 |
Unidentified Speaker, -
FUNCTIONAL EQUIVALENT OF A KNOCK AND ANNOUNCE WHICH IS EXACTLY THE BEHAVIOR THE POLICE ENGAGE IN WHEN THEY ARE EXECUTING A WARRANT. AND IT IS THAT...
|
| 00:44:47 |
Unidentified Speaker, -
DOOR. THE OPINION BELOW JUST SAID, YEAH, THERE WERE EXIGENT. BUT THEY WERE THE RESULT OF THE POLICE KNOCKING ON THE DOOR AND SAYING WE'RE THE POLICE....
|
| 00:45:04 |
Unidentified Speaker, -
IN THIS FASHION. BUT IT'S A LEGAL QUESTION THAT CALLS FOR AN EXAMINATION OF HOW A REASONABLE PERSON WOULD INTERPRET THE BEHAVIOR. >> WHAT DOES THAT...
|
| 00:45:21 |
Unidentified Speaker, -
NOW I -- I GRANT YOU THAT ATTEMPTING THAT THERE'S SOMETHING TROUBLING ABOUT THE POLICE ATTEMPTING TO COERCE ENTRY AS OPPOSED TO REQUESTING ENTRY. BUT...
|
| 00:46:17 |
Unidentified Speaker, -
AT THE NORMAL KNOCK THAT THE OFFICER ENGAGES WHEN HE'S SEEKING CONSENT. CONSENT TO SEARCH. THIS IS AT 10:00 AT NIGHT. HE'S SAYING WE ANNOUNCED POLICE,...
|
| 00:46:42 |
Unidentified Speaker, -
10:00 AT NIGHT -- IT'S 6:00 AT NIGHT. KNOCKED QUIETLY ON THE DOOR AND SAYS WE'RE THE POLICE. CAN WE TALK? AND THEN THERE WAS THE SMELL OF MARIJUANA....
|
| 00:47:08 |
Unidentified Speaker, -
AS THEY RAISE
|
| 00:47:09 |
Unidentified Speaker, -
WHICH OF THE
|
| 00:47:10 |
Unidentified Speaker, -
FIVE TESTS CURRENTLY BEING USED BY THE U.S. COURT OF APPEALS IS PROPER? NOW YOU'VE SAID SOMETHING ABOUT YOUR VIEW ON THAT. BUT I'D LIKE YOU TO SAY...
|
| 00:47:37 |
Unidentified Speaker, -
ACTS UNREASONABLY WHEN HE OR SHE CONVEYS THE
|
| 00:47:40 |
Unidentified Speaker, -
IMPRESSION THAT ENTRY INTO A HOME IS EMINENT -- >>
|
| 00:47:43 |
Unidentified Speaker, -
NO, THE TEST THAT YOU ARE USING THERE. THE KEYWORD IS UNREASONABLE. THE REASON THAT
|
| 00:47:50 |
Unidentified Speaker, -
YOU CHOOSE THE WORD UNREASONABLE, RATHER THAN THE SECOND CIRCUIT'S TEST OF UNLAWFUL IS? >> BECAUSE FRANKLY I'M NOT SURE WHAT THAT MEANS. AND I THINK...
|
| 00:48:04 |
Unidentified Speaker, -
BRIEFING. DOES UNLAWFUL MEAN THE POLICE VIOLATED A PROVISION OF THE PENAL CODE? DOES UNLAWFUL MEAN THERE HAS TO BE A COMPLETED FOURTH AMENDMENT VIOLATION?...
|
| 00:48:23 |
Unidentified Speaker, -
YES. UNREASONABLE -- UNREASONABLE IS THE TOUCH STONE OF EVERY, YOU KNOW, 4TH AMENDMENT CASE. WE
|
| 00:48:29 |
Unidentified Speaker, -
ARE SAYING THERE DOES NOT HAVE TO BE ANTECEDENT COMPLETED 4TH AMENDMENT VIOLATION. AS IS THE CASE IN ANY 4TH AMENDMENT CASE, DID THE OFFICERS ACT? >>...
|
| 00:48:48 |
Unidentified Speaker, -
A HOME? >> NO, YOUR HONOR. >> SO WHY DO YOU NEED UNREASONABLE? IF, INDEED,
|
| 00:48:58 |
Unidentified Speaker, -
THERE
|
| 00:49:00 |
Unidentified Speaker, -
WAS A THREAT OF EMINENT ENTRY, WE'RE GOING TO BUST DOWN THE -- IF THAT WAS THE THREAT, THEN IT'S UNLAWFUL. SURELY. >> YES, AND THAT'S WHY MY ANSWER...
|
| 00:49:16 |
Unidentified Speaker, -
ARE SYNONYMS WE WOULD AGREE. NOW IF THE COURT IS NOT TERRIBLY -- DOES NOT FIND OUR TEST CONVINCING, THE NEXT BEST TEST WE BELIEVE IS A FORSEABILITY TEST....
|
| 00:49:39 |
Unidentified Speaker, -
AND FORESEEABILITY TEST IS THE ONE THAT KENTUCKY SUPREME COURT USES. BUT DOES YOUR TEST COINCIDE WITH THE TEST OF ANY OF THE CIRCUITS? OR IS IT DIFFERENT?...
|
| 00:50:00 |
Unidentified Speaker, -
CIRCUITS. >> YOUR TEST, IT'S NOT WILD. IT SAYS UNREASONABLE IN THE 4TH AMENDMENT. PROBABLY WHEN THEY ACT LAWFULLY, THEY ARE ACTING
|
| 00:50:07 |
Unidentified Speaker, -
REASONABLY. AND NOT UNREASONABLY. BUT IT COULD BE SOMETIMES THEY ARE NOT. THAT'S YOUR VIEW. >> THAT'S CORRECT. AND BY THE WAY -- >> NO TEST. ALL RIGHT....
|
| 00:50:20 |
Unidentified Speaker, -
NOT SAYING THAT -- WE ARE ESSENTIALLY
|
| 00:50:23 |
Unidentified Speaker, -
SAYING THE POLICE SHOULDN'T ACT AS THOUGH THEY HAVE A WARRANT WHEN THEY DON'T HAVE ONE. WHICH IS EXACTLY
|
| 00:50:28 |
Unidentified Speaker, -
WHAT THEY DID IN THIS CASE. THAT PROPOSITION IS NOT NEW. IN BUMPER, THIS COURT MADE CLEAR IF THE POLICE ACT AS THOUGH THEY HAVE A WARRANT WHEN THEY...
|
| 00:51:39 |
Unidentified Speaker, -
NOT BE UNLAWFUL? >> WELL, IT'S VERY HARD TO CONCEIVE OF WHERE THE DAYLIGHT WOULD BE BETWEEN THOSE TERMS.
|
| 00:51:51 |
Unidentified Speaker, -
REASONABLE AND UNLAWFUL. SO LONG AS UNLAWFUL DOESN'T MEAN VIOLATION OF A PENAL CODE PROVISION, AND AS LONG AS IT DOESN'T MEAN THE COMMONWEALTH IS SUGGESTING...
|
| 00:52:23 |
Unidentified Speaker, -
CAN'T THINK OF ONE, YOUR HONOR. >> THE PROBLEM IS THAT AS REASONABLE AS THE
|
| 00:52:30 |
Unidentified Speaker, -
TEST IS, IT'S NOT THE TEST THAT WAS USED BY THE COURT BELOW. AND YOU WANT
|
| 00:52:35 |
Unidentified Speaker, -
US TO AFFIRM THE DECISION BELOW. WHICH SIMPLY SAID IF THE EXIGENT CIRCUMSTANCES ARE THE CONSEQUENCE OF THE POLICE ACTION, WHATEVER THE POLICE ACTION...
|
| 00:53:09 |
Unidentified Speaker, -
OF LAW AND FACT. THIS COURT WOULD REVIEW THE COURT IN THAT RECORD, DE NOVO, ANYWAY. IN THAT REGARD, IT'S NO DIFFERENT THAN ANY OTHER CASE THAT MAKES...
|
| 00:54:20 |
Unidentified Speaker, -
QUICK POINTS. I BELIEVE MR. CHIEF JUSTICE AND JUSTICE KENNEDY WERE
|
| 00:54:24 |
Unidentified Speaker, -
ABSOLUTELY CORRECT. THE QUESTION BEFORE THIS COURT IS CAN LAWFUL POLICE ACTION IMPERMISSIBLE CREATE EXIGENT CIRCUMSTANCES? AND THE ANSWER TO THAT QUESTION...
|
| 00:55:13 |
Unidentified Speaker, -
THAT. IF THERE'S ONE PLACE WHERE THE WARRANT REQUIREMENT HAS REAL FORCE, IT'S NOT HOME. I THINK THE CONCERN HERE IS YOU HAVE SOME STRONG ARGUMENTS...
|
| 00:56:09 |
Unidentified Speaker, -
NO MORE THAN OR NO LESS THAN REVIEWING COURTS HAVE DONE. LOOKED TO DETERMINE WHETHER THERE WAS A 4TH AMENDMENT VIOLATION, WHETHER THERE WAS UNLAWFUL...
|
| 00:56:39 |
Unidentified Speaker, -
AND WERE ABOUT TO KICK IN THE DOOR? IS THAT 4TH AMENDMENT VIOLATION IN AND OF ITSELFS? >> I DON'T BELIEVE SO. >> SO THE UNLAWFULNESS TEST WOULD NOT...
|
| 00:56:50 |
Unidentified Speaker, -
JUSTICE SCALIA. >> IT WOULD NOT. >> OKAY. MAYBE WE
|
| 00:56:54 |
Unidentified Speaker, -
HAVE TO COME UP WITH
|
| 00:56:56 |
Unidentified Speaker, -
UNREASONABLE TEST
|
| 00:56:58 |
Unidentified Speaker, -
THEN. >>
|
| 00:56:59 |
Unidentified Speaker, -
I BELIEVE IF THE OFFICERS DEMAND ENTRY AND THERE'S NO RESPONSE, THERE'S NO COMPLETION. >> FULLY OKAY
|
| 00:57:08 |
Unidentified Speaker, -
FOR OFFICERS TO DO THAT? PRETEND WE HAVE A WARRANT? THAT'S PERFECTLY OKAY? >> I BELIEVE THERE ARE LARGE
|
| 00:57:16 |
Unidentified Speaker, -
RESTRICTIONS AND PROHIBITIONS TO THAT THAT OFFICERS ARE WELL AWARE
|
| 00:57:21 |
Unidentified Speaker, -
OF, IF OFFICERS DOES ANSWER THE DOOR, THEY ARE GOING TO BE SUPPRESSIONED. >> WHAT THEY DO IS SAY THEY ARE UNLAWFUL. >> IF THEY DEMAND ENTRY, AND ENTRY...
|
| 00:57:38 |
Unidentified Speaker, -
A WARRANT. IN THAT CASE,
|
| 00:57:40 |
Unidentified Speaker, -
SUPPRESSION WAS TO HAVE ENTRY AND THE EVIDENCE WOULD BE SUPPRESSED. >> THEY CAN'T KNOCK ON THE DOOR AND SAY WE HAVE PIZZA; RIGHT? >> NO. >> OKAY. >> WE...
|
| 00:57:54 |
Unidentified Speaker, -
THE LAWFULNESS TEST, WE AREN'T
|
| 00:57:57 |
Unidentified Speaker, -
ASKING FOR ANYTHING MORE
|
| 00:57:59 |
Unidentified Speaker, -
OR LESS THAN THE COURT HAS DONE. THIS IS A SIMPLE 4TH AMENDMENT ANALYSIS. THERE WAS NO DEMAND IN THIS CASE. THIS WAS A SIMPLE KNOCK AND ANNOUNCE CASE,...
|
| 00:58:28 |
Unidentified Speaker, -
TUCSON TO REPRESENT THE COURT AS THE CIRCUIT JUSTICE FOR THE 9TH CIRCUIT AT THE MEMORIAL SERVICE THERE. HE WILL REVIEW THE TAPES AND TRANSCRIPTS OF...
|
NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.