NCJ Number
171201
Journal
FBI Law Enforcement Bulletin Volume: 66 Issue: 5 Dated: (May 1997) Pages: 27-32
Date Published
1997
Length
6 pages
Annotation
After discussing the U.S. Supreme Court's decision in Wilson v. Arkansas (1995) and its impact on law enforcement entry to premises, this article advises how law enforcement agencies should structure their "no-knock" and "dynamic entry" search and seizure policies and practices to ensure they meet constitutional standards of reasonableness.
Abstract
The "Wilson" decision requires announcement unless an allowable exigent circumstance exists. The announcement need not be lengthy or elaborate. It need only be "Police, we have a warrant to search your house, open the door," spoken loudly enough for someone in the house to hear. Officers who shout "police" as they run to the door with a battering ram, without exigent circumstances, would not suffice. A reasonable amount of time must be given, so that the occupants of the house can comply with the demand. If they refuse to comply, or there is no response and a reasonable time has passed, then a forcible entry can be made. Announcement may not be constitutionally required when one or more of the required exigent circumstances exist: imminent peril, useless gesture, or destruction of evidence; however, officers should carefully evaluate the operational and safety considerations discussed in this article before entering premises and review the facts to determine if exigent circumstances would legally justify a no-knock entry in a particular situation. 22 notes