Kentucky v. King (09-1272)
argument 09-1272Kentucky v. King
Supreme Court of the United States
58 min
6 speakers
8 chapters
transcribed 5 days ago
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Transcript
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What constitutional issue is at the heart of Kentucky v. King?
We'll hear argument next this morning in case zero nine twelve seventy two Kentuck Kentucky versus King. Mr. Farley.
Mr Chief Justice, and may it please the court. The issue for you today. of whether or not police can impermissibly create exigence circumstances arises from the Improper suppression of reasonably seized evidence after reasonable warrantless entry. The test set forth by K the Kentucky Supreme Court is improper for Several reasons. Um the first of which is that this court has routinely held that the subjective intent of police officers when effecting a warrantless entry is irrelevant.
Where did where did the Kentucky Supreme Court where did the Kentucky Supreme Court say that it was um
How does the Kentucky Supreme Court’s two‑prong test for exigent circumstances work?
Looking to a subjective State of mind on the part of the police.
Well the Kentucky Supreme Court's first prong of their test, and I believe it's in our petition appendix, um, on page
twenty six. Um
Oh, I'm sorry. Um the their their discussion starts on page forty four A and carries over to forty six A. Um the first question of their test is whether or not the officers a acted in bad faith in an attempt to purposefully evade the warrant requirement. That didn't that didn't apply in this case. That is correct. The second prong of the Kentucky Supreme Court's test is whether or not the actions of the respondent in this case or of the occupant of the home would have been foreseeable. by the police officers um before they knocked and announced their presence. Now the problem with the foreseeability test.
Why is why is that subjective? Why isn't that would it be foreseeable to a reasonable Police officer similarly situated.
Well, Justice Ginsburg, it it isn't directly a subjective inquiry. However, police officers are trained to expect and foresee illegal activity so that they may carry out the duties of their job. Um and protecting the citizens. So under a foreseeability test, a reasonable officer Will always foresee illegal activity. in response to his actions, be it walking down the street or knocking on your door. A reasonable officer will always foresee illegal activity. And for that reason, the Kentucky Supreme Court's test is completely unworkable. Um several of the other circuits and the lower courts have adopted tests That also attempt to Add an extra exception an unwarranted closure of the exigent circumstances exception.
That narrows the use of that exception by police officers. The test that the Commonwealth pro would propose is a simple lawfulness test. Now under this test As long as an officer behaves lawfully, There should be no suppression.
So you have an uh apartment building where the police know from experience there is a lot of illegal activity, a lot of drugs, uh uh drug transactions. uh every two weeks They walk through and knock on every door and wait for evidence of the destruction of uh Drugs. Is is that all right?
Well there's I would say yes, um if there is probable cause
um
as well but probable cause
of course comes when they hear the you know flushing and the you know hiding or whatever behind the door.
Well, I would assert that there are two there are two separate issues here. You must have probable cause separate from the existence of exigent circumstances. In this case there was probable cause due to the smell of marijuana. They g they
go to the apartment building and they sniff at every door and when they sniff When a strong smell of marijuana emanates from the door, then they go through this routine. But they do it as a matter of Uh every two weeks, as the chief said. As a routine matter They don't just knock on every door, but they knock on the doors where they smell ra marijuana. And they do that just as a routine in all the buildings where they suspect there may be Uh well. Drugs being stashed.
Um Justice Ginsburg, under a simple lawfulness test, since the officers have not violated the Fourth Amendment. Um prior to the exigency arising There would be no need to suppress any evidence. That would be perfectly um fine for the officers to do now and it may not be the most to the Chief
Justice when he said
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Chapters
8 chapters
1
What constitutional issue is at the heart of Kentucky v. King?
0:02–0:52
2
How does the Kentucky Supreme Court’s two‑prong test for exigent circumstances work?
0:52–6:20
3
Why do the parties argue that police can’t create exigent circumstances?
6:20–12:04
4
What is the “lawfulness test” proposed by the Commonwealth and how does it differ from the Kentucky test?
12:04–18:21
5
How do the facts—smell of marijuana, loud knocking, and alleged movement—support or undermine a claim of exigent circumstances?
18:21–26:26
6
What role does the doctrine of hot‑pursuit play in this case’s analysis?
26:26–34:05
7
How do courts in other circuits apply a “bad‑faith” or “unlawful” test to police‑created exigencies?
34:05–42:03
8
What are the parties’ final arguments on whether a warrant‑less entry was permissible?
42:03–58:33