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Knock and Announce: A Constitutional Mandate

NCJ Number
159049
Journal
Crime to Court Police Officer's Handbook Dated: (September 1995) Pages: complete issue
Author(s)
J C Coleman
Date Published
1995
Length
29 pages
Annotation
This Arkansas case involved a series of drug sales to an informant acting at the direction of the Arkansas State Police; subsequent search of the defendant's home raised the issue of "knock and announce."
Abstract
In late 1992, the informant purchased marijuana at the home of the petitioner and also met her at a local store to buy marijuana. The petitioner produced a semiautomatic pistol at the store and threatened to kill the informant if she was working for the police. Later, police officers obtained warrants to search the petitioner's home and to arrest her. When the police arrived to conduct the search, the petitioner's door was open. The police opened an unlocked screen door, entered the residence, identified themselves as police officers, and stated they had a warrant. Once inside the home, police officers seized marijuana, methamphetamine, valium, drug paraphernalia, a gun, and ammunition. The petitioner challenged the failure of police officers to "knock and announce." The trial court denied the petitioner's challenge and she was convicted of all charges and sentenced to 32 years in prison. The Arkansas Supreme Court also affirmed the petitioner's conviction on appeal. Legal and procedural aspects of the case are discussed. 7 photographs

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