Ker v. California
One of the quintessential aspects of today's militarized police is their deafening entrances, often times, without any announcement. Ker v. California was the fateful Supreme Court decision that set precedent for warrantless and unannounced raids. After purchasing marijuana from a man under police surveillance, the Kers, a married couple residing in Southern California, returned to their apartment building. The officers watching the drug dealer followed the Kers' car, eventually tracking it down to the apartment of one George Douglas Ker with the help of the DMV. Though the officers could not see any exchange of either money or drugs between the dealer and the Kers (due to distance and lack of lighting), they acquired a passkey from the landlord and entered the Kers' apartment unannounced and without a warrant, finding approximately two pounds of marijuana. The Kers were subsequently arrested by the LAPD.
The ruling of Ker v. Califronia by the Supreme Court asserted that searches by states must be reasonable, in line with the Fourth Amendment, and that any evidence garnered through illegal searches were to be deemed "inadmissible." However, the Court also decided in a divided 5-4 ruling that the LAPD's search of the Ker residence was, in fact, legal despite the lack of a warrant and no announcement. The majority opinion argued that such a search was acceptable, asserting the existence of "exigent circumstances" in which police could execute an unannounced and warrantless search if there was cause to believe evidence could be destroyed or officers' safety could be jeopardized. The dissenting opinion, by Justice Brennan, was indignant and criticized the "exigent circumstances", arguing such exceptions infringed upon the foundational principles of the law. Citing Anglo-American common law, Brennan argues, among other points, allowing such searches was to violate the assumption of innocence until proven guilty and to endanger the lives of the officers themselves. The latter of Brennan's arguments would prove true, |
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