Ker v. California

In Ker v. California, 374 U.S. 23 (1963), the officers observed the defendant transacting with a known marijuana dealer, but did not see any substance passing between them. The officers started to follow the defendant but then lost track of him. One of the officers had information that the defendant was selling marijuana from his apartment. They proceeded to defendant's apartment and entered without knocking. They found the defendant and some marijuana. The district court found exigent circumstances existed justifying the unannounced entry. The U.S. Supreme Court affirmed. It is well settled in U.S. jurisprudence that the imminent destruction of vital evidence may constitute exigent circumstances. Ker, supra at 742, n.11. The main reason that the Ker court found the unannounced entry of the police officers to be reasonable under the Fourth and Fourteenth Amendments was that "the officers believed that Ker was in possession of narcotics, which could be quickly and easily destroyed." Id. The Court stated: "Suspects have no constitutional right to destroy or dispose of evidence." Id.