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Legal Commentary (From Crime to Court: Police Officer's Handbook, P 15-16, 1989, Joseph C. Coleman)

NCJ Number
120958
Author(s)
J C Coleman
Date Published
1989
Length
2 pages
Annotation
The knock-notice statute is part of the U.S. Code and applied only to Federal officers, but the knock-notice requirement derives from common law and applies to State officers as well.
Abstract
Knock without notice does not sufficiently comply with the requirement. Probable cause to believe a crime is on-going is necessary to justify warrantless entry, particularly into a domicile. In addition, police officers must be able to prove they did not have reasonable opportunity to obtain a warrant. However, knock-notice is not required during entries into vacant buildings or when police can prove it would have been a useless gesture. Knock-notice is required during searches with or without a warrant.

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