NCJ Number
5376
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 62 Issue: 3 Dated: (SEPTEMBER 1971) Pages: 350-362
Date Published
1971
Length
13 pages
Annotation
LEGISLATIVE PROVISIONS AND SUPPORTING CASE LAW WHICH ALLOW UNANNOUNCED ENTRY BY POLICE.
Abstract
THIS ARTICLE COMPARES THOSE CIRCUMSTANCES IN WHICH IT HAS BEEN HELD THAT THE POLICE MAY DISPENSE WITH THE CUSTOMARY ANNOUNCEMENT OF IDENTITY AND PURPOSE, UNDER THE FOURTH AMENDMENT, WITH THOSE IN WHICH THE DISTRICT OF COLUMBIA CRIME ACT ALLOWS SUCH AN UNANNOUNCED ENTRY. IT WILL BE SEEN THAT THE SUPREME COURT HAS NOT CLEARLY SPECIFIED WHAT CIRCUMSTANCES AND WHAT STANDARD OF PROOF CAN JUSTIFY SUCH AN ENTRY AND THAT STATE AND LOWER FEDERAL COURTS, WHILE IN AGREEMENT AS TO WHAT EXCEPTIONS EXIST TO THE RULE OF ANNOUNCEMENT OF IDENTITY & PURPOSE, ALSO VARY AS TO THE STANDARD OF PROOF NEEDED TO SUPPORT THOSE EXCEPTIONS. THESE EXCEPTIONS ARE WHERE THERE IS DANGER TO THE OFFICER OR ANOTHER PERSON, WHERE ANNOUNCEMENT WOULD FRUSTRATE THE PURPOSE OF THE ENTRY EITHER BY DESTRUCTION OF EVIDENCE OR ESCAPE AND WHERE THE OFFICER'S AUTHORITY AND PURPOSE ARE ALREADY KNOWN. THE AUTHOR SUGGESTS THAT AN EXAMINATION OF THE STATUTE ITSELF WILL REVEAL THAT IT HAS CODIFIED WHAT VARIOUS COURTS HAVE FOUND TO BE CONSTITUTIONALLY PERMISSIBLE EXCEPTIONS TO THE REQUIREMENT OF ANNOUNCEMENT OF IDENTITY AND PURPOSE. THE NO KNOCK SEARCH AND SEIZURE PROVISION WILL LIKELY BE CONSTRUED TO BE CONSTITUTIONAL UNDER THE FOURTH AMENDMENT, WITH A PROPERLY NARROW INTERPRETATION.