Supreme Court Sides With Cops in Warrantless Search In an 8-1 vote, they rule it was OK to enter apartment based on smell By Newser Editors and Wire Services Posted May 16, 2011 12:20 PM CDT 28 comments Comments Marijuana plants. (AP Photo/Jeff Chiu) (Newser) – The Supreme Court has ruled against a Kentucky man who was arrested after police burst into his apartment without a search warrant because they smelled marijuana. The justices, by an 8-1 vote today, reversed a Kentucky Supreme Court ruling that threw out the evidence gathered when officers entered Hollis King's apartment. The court said there was no violation of King's constitutional rights because the police acted reasonably. Only Justice Ruth Bader Ginsburg dissented.