Wk6 case brief con law Essay Example | Topics and Well Written Essays - 750 words - 1

Wk6 case brief con law - Essay Example This was the police from Kentucky Lexington-Fayette Urban County. Upon arrival at the door, their suspicion were confirmed to be true when they smelt marijuana. They also announced their presence at the door while notifying the occupant of their intent to get into the house. According to the fourth amendment, a search must be reasonable to allow exploration without a warrant if a probable cause remains established with particularity. After hearing a sound from inside the house, which suggested destruction of evidence, the police struck the door as loud as possible to inform the occupants of their entry. It is also a fact that, upon entry, the police found illegal Paraphernalia. They also found the defendant, King enjoying his marijuana in a sofa set. In addition, they also found cocaine in plenty in the house. This led to the arrest of defendant King giving reference to the United States laws which prohibit possession of such drugs. However, king filed a case to suppress all the evid ence due to the non-formal entry of the police. The main issue of controversy in the court proceedings is the means of evidence acquisition. This is after the defendant king filed a hearing to suppress the evidence. This is because the police entered the premises without a search warrant. Consequently, the nature of announcing their presence in the premises although reasonable, violated the fourth amendment. In addition, the seizure and search caused exigency of circumstance. This prompted reaction from the defendant hence producing the sound heard by the police. Another issue, which brings controversy between the defendant and respondent, is the fact that the police did through investigation. In as much as they had sufficient information to acquire a warrant of arrest, they went ahead to search the house. In the fourth amendment, the means of arresting and conducting searches play an imperative role in shaping a courts verdict. The Fayette County