Category Archives: Knock and announce

Marshall Project: I ‘Stood My Ground’ — but It Was the Police Raiding My House

The Marshall Project: I ‘Stood My Ground’ — but It Was the Police Raiding My House (“Diamonds Ford thought she was shooting at an intruder when Florida cops raided her home without knocking. Then she was charged with attempted murder.”)

Posted in Knock and announce | Comments Off on Marshall Project: I ‘Stood My Ground’ — but It Was the Police Raiding My House

Reason: Marvin Guy, Who Shot a Cop During a No-Knock Raid, Is Found Guilty of Murder

Reason: Marvin Guy, Who Shot a Cop During a No-Knock Raid, Is Found Guilty of Murder by Billy Binion (“He is not the first defendant that has struggled to reconcile the controversial raids with self-defense.”)

Posted in Knock and announce | Comments Off on Reason: Marvin Guy, Who Shot a Cop During a No-Knock Raid, Is Found Guilty of Murder

FL2: Knock-and-announce not violated by “peaceably” entering through open door

“The record establishes that the doors to Mr. Wallin’s room were ‘completely wide open’ and the officers entered without force to execute a valid arrest warrant. The knock-and-announce requirement in section 901.19(1) did not apply based on the statute’s plain … Continue reading

Posted in geofence, Knock and announce, Reasonable suspicion | Comments Off on FL2: Knock-and-announce not violated by “peaceably” entering through open door

NJ: <6 second delay between 5 am announcement and entry violated state constitution

Less than six seconds between announcement and entry at 5 am violated the state constitutional guarantee for announcement before entry. Defendant was not known to ever be violent. State v. Nieves, 2023 N.J. Super. LEXIS 84 (Aug. 9, 2023):

Posted in Knock and announce | Comments Off on NJ: <6 second delay between 5 am announcement and entry violated state constitution

PA: Officers knocked before entry and defendant acknowledged their presence

Failure to comply with the knock and announce requirement could result in exclusion under state law. Here, however, the trial court’s findings of fact justified dispensing with the knock-and-announce requirement. Officers heard defendant acknowledge their presence, and then they entered … Continue reading

Posted in Knock and announce, Probable cause, Subpoenas / Nat'l Security Letters | Comments Off on PA: Officers knocked before entry and defendant acknowledged their presence

CA11: Mental health seizures require objective reasonableness of danger

Mental health seizures under Florida’s Baker Act comply with the Fourth Amendment when it’s objectively reasonable to believe that the person is a danger to himself or others. Here the officers had that from defendant’s threats to shoot people. United … Continue reading

Posted in Good faith exception, Knock and announce, Reasonableness, Seizure | Comments Off on CA11: Mental health seizures require objective reasonableness of danger

IA: Violation of knock-and-announce statute requires suppression

When the target of an arrest warrant opens the door, state statute requires announcement and not just barging in. Here, defendant was compliant and opened the door. The officers needed to announce their purpose. The alleged plain view inside is … Continue reading

Posted in Arrest or entry on arrest, Knock and announce | Comments Off on IA: Violation of knock-and-announce statute requires suppression

NY3: No-knock permitted by circumstances at scene

The warrant application and warrant did not mention no-knock, but the facts and circumstances at the scene justified it. People v. Hayward, 2023 N.Y. App. Div. LEXIS 464, 2023 NY Slip Op 00461 (3d Dept. Feb. 2, 2023). Exigency justified … Continue reading

Posted in Excessive force, Knock and announce | Comments Off on NY3: No-knock permitted by circumstances at scene

GA: Sound of shuffling of feet after announcement of raid justified entry in 3 seconds; no weapons found

Officers entered within about three seconds after announcing and hearing shuffling of feet. Defendant was sitting on the couch, and there were no firearms. The test is whether there is a reasonable possible fear of firearms in the house that … Continue reading

Posted in Knock and announce, Reasonableness | Comments Off on GA: Sound of shuffling of feet after announcement of raid justified entry in 3 seconds; no weapons found

UNC: The Law and Practice of No-Knock Search Warrants in North Carolina

UNC School of Government: The Law and Practice of No-Knock Search Warrants in North Carolina by Jeffrey B. Welty:

Posted in Knock and announce | Comments Off on UNC: The Law and Practice of No-Knock Search Warrants in North Carolina

CA5: No suppression for no-knock violation

There is no suppression remedy for an unjustified no-knock warrant. United States v. Bryant, 2023 U.S. App. LEXIS 355 (5th Cir. Jan. 6, 2023). Defendant didn’t enter a conditional plea, so his guilty plea waived his Fourth Amendment claim. United … Continue reading

Posted in Automobile exception, Good faith exception, Knock and announce, Nexus, Waiver | Comments Off on CA5: No suppression for no-knock violation

techdirt: Mississippi Courts Are Helping Cops Keep Search Warrants Out Of The Public’s Hands

techdirt: Mississippi Courts Are Helping Cops Keep Search Warrants Out Of The Public’s Hands by Tim Cushing (“No-knock warrants remain under fire as they continue to needlessly increase the death toll of residents who often have no idea who’s violently … Continue reading

Posted in Knock and announce, Warrant papers | Comments Off on techdirt: Mississippi Courts Are Helping Cops Keep Search Warrants Out Of The Public’s Hands

ProPublica: Mississippi’s Missing Search Warrants Prevent Scrutiny of No-Knock Raids

ProPublica: Mississippi’s Missing Search Warrants Prevent Scrutiny of No-Knock Raids (“No-knock warrants authorize police to burst into someone’s home unannounced. Search warrants are supposed to be filed at the courthouse, but they’re missing from many of Mississippi’s justice courts.”)

Posted in Knock and announce | Comments Off on ProPublica: Mississippi’s Missing Search Warrants Prevent Scrutiny of No-Knock Raids

NJ: Arrest warrant executed at home of third-party requires SW

Police entering defendant’s neighbor’s house to arrest him when he was visiting violated the Fourth Amendment. There was no exigency justifying it. State v. Bookman, 2022 N.J. LEXIS 678 (Aug. 24, 2022). Even if the knock-and-announce rule applies to entries … Continue reading

Posted in Arrest or entry on arrest, Automobile exception, Knock and announce | Comments Off on NJ: Arrest warrant executed at home of third-party requires SW

M.D.Pa.: No QI for violation of knock-and-announce; fact question for trial

Defendant officers’ motion for summary judgment on qualified immunity for violating the knock-and-announce rule is denied. The law is well settled for 25 years and there are no blanket exceptions. The rest is fact bound. Murphy v. Grochowski, 2022 U.S. … Continue reading

Posted in Knock and announce, Plain view, feel, smell, Qualified immunity, Reasonableness, Staleness | Comments Off on M.D.Pa.: No QI for violation of knock-and-announce; fact question for trial

D.Mass.: No suppression remedy for no-knock violation, even if it happened that way

The government had sufficient justification for a no-knock warrant knowing defendant had three guns in the house. And, even if it didn’t, Michigan v. Hudson shows there’s no suppression remedy. United States v. Dexter, 2022 U.S. Dist. LEXIS 133497 (D. … Continue reading

Posted in Arrest or entry on arrest, Consent, Knock and announce | Comments Off on D.Mass.: No suppression remedy for no-knock violation, even if it happened that way

W.D.Va.: Knock-and-announce isn’t required when no one home

Defense counsel wasn’t ineffective for not challenging execution of the search warrant without knocking and announcing. First, the homeowner wasn’t there; he was in the hospital. Second, Hudson doesn’t permit that challenge under the exclusionary rule. Brown v. Clarke, 2022 … Continue reading

Posted in Consent, Franks doctrine, Knock and announce, Probable cause | Comments Off on W.D.Va.: Knock-and-announce isn’t required when no one home

WaPo: When the sheriff waged a war on drugs in a Mississippi county

WaPo: When the sheriff waged a war on drugs in a Mississippi county by Jenn Abelson and Reena Flores (“No-knock raids were the rule rather than the exception, and they led to serious allegations against the department. The sheriff defended … Continue reading

Posted in Knock and announce | Comments Off on WaPo: When the sheriff waged a war on drugs in a Mississippi county

WaPo: 5 takeaways from The Post’s investigation into no-knock warrants

WaPo: 5 takeaways from The Post’s investigation into no-knock warrants by Courtney Kan, Jenn Abelson, and Nicole Dungca (“After police killed Breonna Taylor in her home in 2020 during a botched raid, The Washington Post spent more than a year … Continue reading

Posted in Knock and announce | Comments Off on WaPo: 5 takeaways from The Post’s investigation into no-knock warrants

WaPo: No-knock raids have led to fatal encounters and small drug seizures

WaPo: No-knock raids have led to fatal encounters and small drug seizures by Nicole Dungca and Jenn Abelson WaPo: What to know about no-knock warrants by Courtney Kan (“Amir Locke and Breonna Taylor were killed while police executed no-knock warrants. … Continue reading

Posted in Knock and announce | Comments Off on WaPo: No-knock raids have led to fatal encounters and small drug seizures