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Exigent Circumstances

The Supreme Court has taken up the question of exigent circumstances to justify entry of an apartment without a warrant in Kentucky v. King, No. 09-1272. The opinion of the Kentucky Supreme Court summarizes the case:

At issue in this case is whether exigent circumstances existed, which justified the warrantless entry of the apartment occupied by Appellant Hollis Deshaun King. We hold that police were not in hot pursuit of a fleeing suspect, and that, with regard to the imminent destruction of evidence, any exigency was police-created. We also note that no "good faith" exception to the exclusionary rule applies in this case.

The orders list with the certiorari-granted cases from yesterday's "long conference" is here. The much longer list of certiorari-denied cases should be out on the day of the Court's official term opening, the first Monday in October.  Cases that were scheduled for the conference but are on neither list have likely been "relisted" for a second look at a later conference.

Also granted is the Solicitor General's petition in United States v. Tinklenberg, No. 09-1498, on the federal Speedy Trial Act.  This one will be decided by 8 Justices.

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