Kennedy uses this opportunity to ask why the smoking of marijuana itself doesn't constitute the destruction of evidence.
Can the police break down your door and burst in on you if they smell marijuana burning?
They don't have a warrant, but no warrant is needed under "exigent circumstances," such as when there is evidence of destruction of evidence. In the case argued in the Supreme Court today, after the police knocked and announced themselves, they heard a toilet flushing. Is that enough?
