October Term 2010 · Docket 09-1272
Can police create an emergency to enter without a warrant?
Police entered a home after hearing sounds. The state says this was legal. The defendant says the police created the emergency.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
The state advocate argued police may respond to exigencies. She said officers determine how to collect evidence. She emphasized staying within Fourth Amendment limits.
The defendant advocate argued the evidence was insufficient. She cited the officer's equivocal testimony about sounds. She stated this did not establish exigent circumstances.
Justice Sotomayor questioned the need for a probable cause inquiry. She asked what it has to do with the case. She referenced a routine knocking scenario.
Justice Ginsburg asked why the standard is subjective. She suggested a reasonable officer standard might apply. She described a routine sniffing scenario at doors.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 18, lines 44-8 — Transcript, file page 18, lines 44-8
- Official Supreme Court Transcript — file page 29, lines 4-20 — Transcript, file page 29, lines 4-20
- Official Supreme Court Transcript — file page 3, lines 18-38 — Transcript, file page 3, lines 18-38
- Official Supreme Court Transcript — file page 3, lines 40-46 — Transcript, file page 3, lines 40-46
- Official Supreme Court Transcript — file page 3, lines 8-16 — Transcript, file page 3, lines 8-16
- Official Supreme Court Transcript — file page 4, lines 12-14 — Transcript, file page 4, lines 12-14
- Official Supreme Court Transcript — file page 4, lines 32-36 — Transcript, file page 4, lines 32-36
- Official Supreme Court Transcript — file page 5, lines 28-38 — Transcript, file page 5, lines 28-38
- Official Supreme Court Transcript — file page 6, lines 14-32 — Transcript, file page 6, lines 14-32
- Official Supreme Court Transcript — file page 6, lines 46-8 — Transcript, file page 6, lines 46-8
- Official Supreme Court Transcript — file page 7, lines 14-14 — Transcript, file page 7, lines 14-14
- Official Supreme Court Transcript — file page 7, lines 16-20 — Transcript, file page 7, lines 16-20
- Official Supreme Court Transcript — file page 7, lines 28-28 — Transcript, file page 7, lines 28-28
- Official Supreme Court Transcript — file page 7, lines 34-36 — Transcript, file page 7, lines 34-36
- Official Supreme Court Transcript — file page 7, lines 42-4 — Transcript, file page 7, lines 42-4
- Official Supreme Court Transcript — file page 8, lines 12-12 — Transcript, file page 8, lines 12-12
A citizen's guide to the whole case
What this case is about
Police officers smelled marijuana at a door. They heard sounds inside. They entered without a warrant. The state says the sounds showed evidence destruction. The defendant says the police caused the sounds.
Official sources for this section
- Official Supreme Court Transcript — file page 18, lines 44-8 — Transcript, file page 18, lines 44-8
- Official Supreme Court Transcript — file page 29, lines 4-20 — Transcript, file page 29, lines 4-20
- Official Supreme Court Transcript — file page 3, lines 18-38 — Transcript, file page 3, lines 18-38
How the case got here
The Supreme Court heard oral argument in this case on January 12, 2011.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 8-16 — Transcript, file page 3, lines 8-16
What each side wants
The state wants the court to allow the evidence. It argues the entry was legal.
The defendant wants the court to exclude the evidence. It argues the police created the emergency.
Official sources for this section
- Official Supreme Court Transcript — file page 18, lines 44-8 — Transcript, file page 18, lines 44-8
- Official Supreme Court Transcript — file page 29, lines 4-20 — Transcript, file page 29, lines 4-20
- Official Supreme Court Transcript — file page 3, lines 18-38 — Transcript, file page 3, lines 18-38
What each side says
The state argues police may respond to emergencies. It says officers act lawfully if they stay within legal limits.
The defendant argues the police created the emergency. It says the officer testimony was too vague to prove destruction.
Official sources for this section
- Official Supreme Court Transcript — file page 18, lines 44-8 — Transcript, file page 18, lines 44-8
- Official Supreme Court Transcript — file page 29, lines 4-20 — Transcript, file page 29, lines 4-20
- Official Supreme Court Transcript — file page 3, lines 18-38 — Transcript, file page 3, lines 18-38
What the justices asked
Justice Kennedy asked if officers should knock on the door.
Chief Justice Roberts asked about the probable cause requirement for entry. He sought clarity on the two different causes mentioned by the advocate.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 40-46 — Transcript, file page 3, lines 40-46
- Official Supreme Court Transcript — file page 4, lines 12-14 — Transcript, file page 4, lines 12-14
- Official Supreme Court Transcript — file page 4, lines 32-36 — Transcript, file page 4, lines 32-36
- Official Supreme Court Transcript — file page 5, lines 28-38 — Transcript, file page 5, lines 28-38
- Official Supreme Court Transcript — file page 6, lines 14-32 — Transcript, file page 6, lines 14-32
- Official Supreme Court Transcript — file page 6, lines 46-8 — Transcript, file page 6, lines 46-8
- Official Supreme Court Transcript — file page 7, lines 14-14 — Transcript, file page 7, lines 14-14
- Official Supreme Court Transcript — file page 7, lines 16-20 — Transcript, file page 7, lines 16-20
- Official Supreme Court Transcript — file page 7, lines 28-28 — Transcript, file page 7, lines 28-28
- Official Supreme Court Transcript — file page 7, lines 34-36 — Transcript, file page 7, lines 34-36
- Official Supreme Court Transcript — file page 7, lines 42-4 — Transcript, file page 7, lines 42-4
- Official Supreme Court Transcript — file page 8, lines 12-12 — Transcript, file page 8, lines 12-12
Why it matters
This case defines when police may enter homes without warrants. It balances public safety against private privacy rights. The outcome shapes future police conduct during investigations.
Official sources for this section
- Official Supreme Court Transcript — file page 18, lines 44-8 — Transcript, file page 18, lines 44-8
- Official Supreme Court Transcript — file page 29, lines 4-20 — Transcript, file page 29, lines 4-20
- Official Supreme Court Transcript — file page 3, lines 18-38 — Transcript, file page 3, lines 18-38
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 40-46 — Transcript, file page 3, lines 40-46
- Official Supreme Court Transcript — file page 3, lines 8-16 — Transcript, file page 3, lines 8-16
- Official Supreme Court Transcript — file page 4, lines 12-14 — Transcript, file page 4, lines 12-14
- Official Supreme Court Transcript — file page 4, lines 32-36 — Transcript, file page 4, lines 32-36
- Official Supreme Court Transcript — file page 5, lines 28-38 — Transcript, file page 5, lines 28-38
- Official Supreme Court Transcript — file page 6, lines 14-32 — Transcript, file page 6, lines 14-32
- Official Supreme Court Transcript — file page 6, lines 46-8 — Transcript, file page 6, lines 46-8
- Official Supreme Court Transcript — file page 7, lines 14-14 — Transcript, file page 7, lines 14-14
- Official Supreme Court Transcript — file page 7, lines 16-20 — Transcript, file page 7, lines 16-20
- Official Supreme Court Transcript — file page 7, lines 28-28 — Transcript, file page 7, lines 28-28
- Official Supreme Court Transcript — file page 7, lines 34-36 — Transcript, file page 7, lines 34-36
- Official Supreme Court Transcript — file page 7, lines 42-4 — Transcript, file page 7, lines 42-4
- Official Supreme Court Transcript — file page 8, lines 12-12 — Transcript, file page 8, lines 12-12
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 18, lines 44-8 — Transcript, file page 18, lines 44-8
- Official Supreme Court Transcript — file page 29, lines 4-20 — Transcript, file page 29, lines 4-20
- Official Supreme Court Transcript — file page 3, lines 18-38 — Transcript, file page 3, lines 18-38
- Official Supreme Court Transcript — file page 18, lines 44-8 — Transcript, file page 18, lines 44-8
- Official Supreme Court Transcript — file page 29, lines 4-20 — Transcript, file page 29, lines 4-20
- Official Supreme Court Transcript — file page 3, lines 18-38 — Transcript, file page 3, lines 18-38
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.