In Kentucky v King, the US Supreme Court made no mention of a requirement for a "serious crime".
I had a case go to trial in federal court a few months ago. I went to a local hotel to do a knock and talk in reference to a tip about drug activity. I could smell the weed being smoked in the room way before I got to the door. When I knocked, one of the suspects thought I was a customer and opened the door. When he realized I was the police he tried to slam the door on me. I could see another guy running towards the back of the hotel room to where I thought the bathroom was (ended up being the closet).
I was able to keep him from getting the door shut and my partners and I made entry. Ended up getting consent to search the room and found 4 ounces of crack. The US Attorneys Office ended up taking the case.
There were 5 defendants, and the ones that didn't plead guilty were found guilty by the jury. At no point did the entry ever come up...The only thing they tried to suppress was the video from the body cam I was wearing. I made entry based on the weed smell and the destruction of evidence, and the US Attorneys Office was good with it and none of the defense attorneys fought it.
This was in the 6th Circuit, obviously different circuits and states can and do have different opinions.
Last edited by tc215; 02-16-2014 at 17:10..