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NCJRS Abstract

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NCJ Number: 156855 Find in a Library
Title: Legal: Knock and Announce: A Constitutional Mandate
Journal: Crime to Court Police Officer's Handbook  Dated:(September 1995)  Pages:complete issue
Author(s): J C Coleman
Date Published: 1995
Page Count: 24
Type: Training (Handbook/Manual)
Format: Article
Language: English
Country: United States of America
Annotation: Judicial decisions regarding the constitutionality of police entry into a home without first knocking and announcing their presence are examined, with emphasis on an Arkansas case involving a prosecution for drug possession and delivery.
Abstract: English common law required police to knock and announce before entering a residence. In the United States, a valid search warrant does not permit police officers to make forcible entry into a home without a prior knock and announce, although pre-entry knock and announce is not required in every case. Until the Wilson v. Arkansas decision in 1995, the U.S. Supreme Court had not ruled that the Constitution required knock and announce. The failure of police to knock and announce can result in the suppression of evidence from the home. Even if the outer door is unlocked or unlatched, police entry into the home can be construed as forcible. Finally, when a police officer claims an exception to the knock and announce requirement, the officer must produce facts to show that the entry was reasonable. Posttest questions and answers, discussion of police responsibilities related to drunk driving and vehicle stops, and photographs
Main Term(s): Police procedures training
Index Term(s): No-knock warrants; Police legal limitations; Search and seizure laws; Search and seizure training; US Supreme Court decisions
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