09-1272 Kentucky v. King

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Search and Seizure
Police-created exigent circumstances

A warrantless entry based on exigent circumstances is reasonable when the police did not create the exigency by engaging or threatening to engage in conduct violating the Fourth Amendment.

Assuming an exigency did exist, the officers’ conduct—banging on the door and announcing their presence—was entirely consistent with the Fourth Amendment . Respondent has pointed to no evidence supporting his argument that the officers made any sort of “demand” to enter the apartment, much less a demand that amounts to a threat to violate the Fourth Amendment. If there is contradictory evidence that has not been brought to this Court’s attention, the state court may elect to address that matter on remand. Finally, the record makes clear that the officers’ announcement that they were going to enter the apartment was made after the exigency arose.

302 S. W. 3d 649, reversed and remanded.

09-1272 Kentucky v. King

Alito, J.; Ginsburg, J., dissenting.

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