Category Archives: Knock and announce

CA9: Ptf’s affidavit there was no announcement before battering ram broke in her door makes her civil case survive summary judgment

Plaintiff showed enough of a fact question that officers never announced they were attempting to enter on a search warrant, breaking in her door, to survive their motion for summary judgment. They said, she said. Greiner v. Wall, 2019 U.S. … Continue reading

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CA9: Whether state officers violated state law in the search doesn’t matter in federal court under the 4A

Defendant argues that the officers violated Washington state law in his search and seizure. That doesn’t matter in federal court. United States v. Dauenhauer, 2018 U.S. App. LEXIS 34797 (9th Cir. Dec. 11, 2018). Under Hudson, “The federal exclusionary rule, … Continue reading

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MA: Justification for no-knock shown by risk of destruction of evidence because def’s apartment on 3d floor with locked outside door

A no-knock entry to prevent destruction of evidence was justified by the fact defendant’s apartment was on the third floor and police had to navigate a locked first floor door before they got to his apartment. Commonwealth v. Silva, 2018 … Continue reading

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N.D.Ind.: Court can’t exclude for knock-and-announce failure

Failure to properly knock-and-announce is foreclosed as a reason for exclusion under Hudson v. Michigan. United States v. Calligan, 2018 U.S. Dist. LEXIS 173193 (N.D. Ind. Oct. 9, 2018). 2255 petitioner was not prejudiced by defense counsel’s failure to challenge … Continue reading

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D.S.C.: Delegating to Drug Enforcement Unit how it executes no-knocks was municipal policy, MSJ denied

The Drug Enforcement Unit’s de facto policy not to properly knock-and-announce as a municipal policy survive defendants’ motion for summary judgment. Plaintiff was rendered a paraplegic during the no-knock entry. Plaintiff alleged that the DEU essentially failed to knock-and-announce at … Continue reading

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D.Conn.: Knock-and-announce was complied with, but def also well knew they were there and what for

First, knock and announce was complied with. The officers testified credibly they announced repeatedly as they approached. Second, even if they didn’t, exigency or futility would be an exception–futile because defendant was well aware of their presence. There was also … Continue reading

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CA9: Shaving a spot on cattle to look at a brand doesn’t violate 4A

Shaving a spot on cattle to look at a brand doesn’t violate the Fourth Amendment. [Actually, nowhere does anything say that so qualified immunity must apply. The case doesn’t say that, but that’s the bottom line.] Gillette v. Malheur County, … Continue reading

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WaPo: ‘The Watch’ Blog: A South Carolina anti-drug police unit admitted it conducts illegal no-knock raids

WaPo: ‘The Watch’ Blog: A South Carolina anti-drug police unit admitted it conducts illegal no-knock raids by Radley Balko. “Yet local officials don’t seem to mind.” The case: Despite officers’ deposition testimony that they announced before entry shooting plaintiff nine … Continue reading

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E.D.Ky.: Entry for protective sweep with gun drawn wasn’t per se a “forceful entry”; announcement unnecessary

The officer in this case did not have to knock-and-announce to make a protective sweep after defendant was arrested. The officer testified that he did. Entering with gun drawn doesn’t make it a “forceful entry.” United States v. Israel, 2018 … Continue reading

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CA6: No knock entry at 4 am stated claim for unreasonable execution of SW

Plaintiffs adequately allege a claim for unreasonable execution of a search warrant. The officers executed a search warrant at 4 am without knocking or announcing, and shot the lock off the door. Greer v. City of Highland Park, 2018 U.S. … Continue reading

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TN: Where BAC forensic testing budget depends on convictions, due process violated

A state fee for forensic testing of BAC in the TBI that depends on convictions is essentially a contingent fee for conviction. The TBI forensic team are not adjudicators in the Tumey–Ward due process analysis, but it is clear that … Continue reading

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Today is [or maybe] the 414th anniversay of Semayne’s Case and judicial recognition of knock-and-announce and the castle doctrine

Today (as best as can be determined) is the 414th anniversary of Semayne’s Case recognizing both knock-and-announce and the castle doctrine at common law. Back then, the dates of decisions weren’t as important and they appeared in reporters well after … Continue reading

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