Category Archives: Knock and announce

OH4: Knock-and-announce is not a 4A exclusion issue, and no justification shown for state const. to have different result

Failure to knock-and-announce was not a Fourth Amendment violation, and defendant gave no justification for extending the state constitution. State v. Robinson, 2017-Ohio-8274, 2017 Ohio App. LEXIS 4658 (4th Dist. Sept. 27, 2017). Defendant waived his knock-and-announce claim by not … Continue reading

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OH follows Hudson on knock-and-announce under state constitution

The Ohio Supreme Court follows Hudson under the state constitution and holds that a violation of knock-and-announce does not justify suppression of the search. The state constitution has been applied more broadly than the Fourth Amendment on occasion, but not … Continue reading

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Hudson gutted the knock-and-announce rule by making it purely optional 11 years ago today

Hudson v. Michigan, 547 U.S. 586 (2006), decided 11 years ago today, unraveling the knock-and-announce rule of Wilson v. Arkansas (1995) and Richards v. Wisconsin (1997). It’s constitutionally required, it saves lives, it’s far more civil in a civil society, … Continue reading

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IN: Failure to knock-and-announce is really just a reasonableness argument

Defense counsel wasn’t ineffective for not raising a challenge to the officer’s failure to knock-and-announce before entering defendant’s home on a search warrant for drugs. She had priors, there were controlled buys, and guns often go with drugs. The knock-and-announce … Continue reading

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Worcester Telegram (MA): Broken door, broken promise: Police renege on pledge for judicial permission for no-knock raids

Worcester Telegram (MA): Broken door, broken promise: Police renege on pledge for judicial permission for no-knock raids by Brad Petrishen: State police declined to say why they reversed course on the external control, and also declined to discuss an apparently … Continue reading

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AR: Knock-and-announce applies to parole searches, but Hudson adopted and exclusionary rule doesn’t apply

The knock-and-announce rule applies to parole searches, and violation of the rule is a substantial violation of the Fourth Amendment and the state constitution. The court adopts Hudson, however, and finds that the exclusionary rule should not be applied. Lane … Continue reading

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Cal.4th: Failure to knock-and-announce and wait long enough was not subject to exclusionary rule

The officers’ failure to knock-and-announce (really wait long enough) before entry does not invoke the exclusionary rule under Michigan v. Hudson. People v. Byers, 2016 Cal. App. LEXIS 1087 (4th Dist. Dec. 14, 2016):

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AR: While SW must be issued on affidavit or recorded testimony, questions about no-knock didn’t have to be recorded, especially when no-knock refused

Search warrants must be issued on affidavits or recorded testimony. The issuing judge asked questions about the no-knock entry, and this was separate from probable cause finding. This did not have to be recorded. Besides, the judge denied the no-knock … Continue reading

Posted in Knock and announce, Reasonable suspicion, Warrant requirement | Comments Off

D.Conn.: Violation of knock-and-announce on a 6 am arrest warrant execution leads to suppression despite Hudson

The defendant’s house was entered at 6 am with an arrest warrant, and the officers knocked and entered when there was no prompt answer. The court credits the testimony of the occupants and the time involved and not the officer … Continue reading

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OH7 follows Hudson; failure to knock-and-announce doesn’t warrant suppression

A failure to properly knock-and-announce an entry does not warrant suppression, following Hudson v. Michigan. State v. Bembry, 2015-Ohio-5598, 2015 Ohio App. LEXIS 5397 (7th Dist. December 30, 2015). [Yes, just now on Lexis.] The motion to suppress is denied … Continue reading

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