http://www.wiod.com/cc-common/news/sections/newsarticle.html?feed=104668&article=8041724Dopers smoking weed in their apartment.
Police outside. No warrant.
They "smell weed." So they skip the warrant under the basis that the suspects might flush their joints, kick the door down, arrest, prosecute.
It goes all the way to Kentucky Supreme Court who acquit on 4th Amendment violation, then the state takes it to SCOTUS.
I normally like Scalia.
But:
"Everything done was perfectly lawful," Scalia said. "It's unfair to the criminal? Is that the problem? I really don't understand the problem."
He's making a malicious presumption that government is supposed to not make.
He's assuming that a police suspect is a criminal.
A criminal is someone who is convicted.
A judge should not be referring to a suspect in a police investigation as a criminal, IMO.
I'm a bit perturbed that I agree with Kagan, Sotomayor and Ginsberg. I wish the lib Justices cared a bit more about real civil liberties and a little less about black rights and pot rights.
