DPA's Jamesa Drake will be arguing in the United States Supreme Court this Wednesday.
SCOTUSblog has all the details posted
Issue: Under what circumstances can lawful police action impermissibly ”create” exigent circumstances that preclude warrantless entry?
Plain English Issue: Although the police usually need a warrant to enter someone’s home, there is an exception for emergency situations. The question is whether that exception can apply when the emergency is created by the lawful actions of the police.
SCOTUSblog Coverage
- Argument preview: When does police conduct create exigent circumstances, thereby precluding an entry or search without a warrant?
- Police-created exigent circumstances in Kentucky v. King
Briefs and Documents
Merits Briefs
- Brief for Petitioner Commonwealth of Kentucky
- Brief for Respondent Hollis Deshaun King
- Reply Brief for Petitioner Commonwealth of Kentucky
- Respondent's Motion to Dismiss the Petition as Improvidently Granted
- Petitioner's Response to Respondent's Motion to Dismiss
Amicus Briefs
- Brief for Effective Law Enforcement, Inc., the International Association of Chiefs of Police, and the National Sheriffs Association in Support of Petitioner
- Brief for the United States in Support of Petitioner
- Brief for the States of Indiana, Alabama, Arizona, Colorado, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming in Support of Petitioner
Certiorari-Stage Documents
- Opinion below (Supreme Court of Kentucky)
- Petition for certiorari
- Brief in opposition
- Amicus brief of states
- Petitioner's reply
For petitioner: Joshua D. Farley, Assistant Attorney General,
Frankfort, Ky.; and Ann O’Connell, Assistant to the Solicitor General, Department of Justice, Washington,
D. C. (for United States, as amicus curiae.)
For respondent: Jamesa J. Drake, Assistant Public Advocate,
Frankfort, Ky.
