Thursday, June 21, 2012

Supreme Court Rules On Search Warrant

{Louisville, Kentucky}...In the early hours of September 10, 2008, Lexington police told Crystal Lynn Guzman that, unless she agreed to allow a search of her apartment, an officer would remain with her while another got a warrant. Guzman consented to a warrantless "protective sweep," and officers found cocaine and drug paraphernalia and arrested Guzman. The Kentucky Supreme Court ruled Thursday that the threat of getting a search warrant amounted to an impermissible ruse by officers, who had no probable cause for a warrant. The ruling threw out Guzman's conviction as well as the evidence seized in the search. The ruling sets new limits in Kentucky on how far police officers may go to gain access to homes and vehicles without a search warrant. "Even when a search is authorized by consent, the scope of the search is limited by the terms of its authorization," five justices wrote in an unsigned opinion.