NCJ Number
156855
Journal
Crime to Court Police Officer's Handbook Dated: (September 1995) Pages: complete issue
Date Published
1995
Length
24 pages
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