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Decided

Kentucky v. King

Docket No.09-1272
Op. BelowS. Ct. of KY
ArgumentJan 12, 2011

Holding

The exigent circumstances rule applies when the police do not create the exigency by engaging in or threatening to engage in conduct that violates the Fourth Amendment.

Plain English Holding

Police may enter a home without a warrant in response to an emergency (including the imminent destruction of evidence) so long as the police do not themselves create the emergency through conduct that violates the Fourth Amendment.

Judgment

Kentucky Supreme Court Reversed, 8-1, in an opinion by Samuel Alito on May 16, 2011. Justice Ginsburg filed a dissent.

Proceedings & orders timeline

Apr 19, 2010
Petition for a writ of certiorari filed. (Response due May 21, 2010)
May 17, 2010
Waiver of right of respondent Hollis Deshaun King to respond filed.
May 21, 2010
Brief amici curiae of Indiana, et al. filed.
Jun 1, 2010
DISTRIBUTED for Conference of June 17, 2010.
Jun 15, 2010
Response Requested . (Due July 15, 2010)
Jul 7, 2010
Order extending time to file response to petition to and including September 13, 2010.
Aug 24, 2010
Brief of respondent Hollis Deshaun King in opposition filed.
Aug 24, 2010
Motion for leave to proceed in forma pauperis filed by respondent.
Sep 7, 2010
Reply of petitioner Kentucky filed. (Distributed)
Sep 8, 2010
DISTRIBUTED for Conference of September 27, 2010.
Sep 28, 2010
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Sep 28, 2010
Petition GRANTED limited to Question 1 presented by the petition.
Oct 15, 2010
Letter from counsel for the respondent received. (Distributed)
Oct 26, 2010
Letter and attachment received from counsel for the respondent (Distributed).
Oct 28, 2010
Motion to dismiss the writ of certiorari as improvidently granted filed by respondent Hollis Deshaun King.
Nov 1, 2010
Brief amici curiae of Americans for Effective Law Enforcement, Inc., et al. filed.
Nov 5, 2010
Response to motion to dismiss as improvidently granted filed.
Nov 8, 2010
DISTRIBUTED for Conference of November 12, 2010.
Nov 8, 2010
SET FOR ARGUMENT ON Wednesday, January 12, 2011.
Nov 12, 2010
Brief of petitioner Kentucky filed.
Nov 12, 2010
Joint appendix filed. (Statement of costs received)
Nov 15, 2010
Motion to dismiss the writ of certiorari as improvidently granted DENIED.
Nov 19, 2010
Brief amicus curiae of the United States filed.
Nov 19, 2010
Brief amici curiae of Indiana, et al. filed.
Nov 26, 2010
CIRCULATED.
Dec 9, 2010
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 13, 2010
Brief of respondent Hollis Deshaun King filed. (Distributed)
Dec 13, 2010
Record received from Circuit Court of Fayette County, Kentucky. (1 box)
Dec 14, 2010
Record received from the Supreme Court of Kentucky. (1 box )
Jan 5, 2011
Reply of petitioner Kentucky filed. (Distributed)
Jan 7, 2011
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 12, 2011
Argued. 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.
May 16, 2011
Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, Sotomayor, and Kagan, JJ., joined. Ginsburg, J., filed a dissenting opinion.
Jun 17, 2011
MANDATE ISSUED.
Jun 17, 2011
Record returned to Supreme Court of Kentucky - 1 box.
Jun 17, 2011
Record returned to Circuit Court of Fayette County, Kentucky - 1 box.

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