Category Archives: Knock and announce

S.D.N.Y.: Affidavit for SW in large scale drug operation justified no-knock provision

The no-knock provision in this search warrant was justified by the affidavit in support of the warrant. United States v. Bryant, 2020 U.S. Dist. LEXIS 174793 (S.D. N.Y. Sept. 23, 2020):

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E.D.Tex.: Def’s attempts to distinguish Hudson and no ER for knock-and-announce fails

Defendant’s efforts to distinguish Hudson and its refusal to apply the exclusionary rule to knock-and-announce violations fail. United States v. Pyles, 2020 U.S. Dist. LEXIS 169623 (E.D. Tex. Sept. 16, 2020). Petitioner gets a CoA on the following habeas issue: … Continue reading

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WaPo: Louisville agrees to $12 million payout and policing changes in pact with family

WaPo: Louisville agrees to $12 million payout and policing changes in pact with family of Breonna Taylor, killed in police raid by Tim Craig & Marisa Iati (“The city of Louisville announced a $12 million settlement Tuesday with the family … Continue reading

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S.D.Ill.: Govt’s affidavits knock-and-announce would be unsafe were unrebutted

Defendant pled in his motion to suppress there was a knock-and-announce violation, and the government responded with affidavits that knocking would be unsafe. Unrebutted, that’s enough to deny a hearing. United States v. Moore, 2020 U.S. Dist. LEXIS 155454 (S.D. … Continue reading

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MS: Knowingly searching wrong house by choosing to disregard error in SW made Bureau of Narcotics liable

In a case that smacks of the good faith exception causing a search of the wrong house that should never have happened, the Mississippi Bureau of Narcotics knowingly raided the wrong house without knocking and announcing. Trial testimony showed that … Continue reading

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W.D.Tex.: Whether defense counsel should file a motion to suppress is strategic decision

“A decision of whether or not to file a motion to suppress is a strategic choice of counsel.” Here, there was no factual basis to file a motion to suppress. Waters v. United States, 2020 U.S. Dist. LEXIS 147764 (W.D. … Continue reading

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TX1: Knock-and-announce violation doesn’t warrant suppression under Hudson

The CI was reliable and provided probable cause. A knock-and-announce violation doesn’t warrant suppression. Cleveland v. State, 2020 Tex. App. LEXIS 5829 (Tex. App. – Houston (1st Dist.) July 28, 2020):

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Law360: ‘Good Faith’: Breonna Taylor And The Broad Search Standard

Law360: ‘Good Faith’: Breonna Taylor And The Broad Search Standard by Cara Bayles

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CA8: Open door doesn’t require knock-and-announce at common law

The officer’s entering through an open door didn’t require knock-and-announce at common law. United States v. Sherrod, 2020 U.S. App. LEXIS 22296 (8th Cir. July 17, 2020):

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The State: SC Chief Justice Beatty orders magistrates to stop issuing ‘no knock’ search warrants

The State: SC Chief Justice Beatty orders magistrates to stop issuing ‘no knock’ search warrants by John Monk (“State Supreme Court Chief Justice Donald Beatty late Friday afternoon ordered state judges and magistrates to stop issuing ‘no-knock’ search warrants to … Continue reading

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HI: Knock-and-announce for 25 seconds at 6:15 am before forced entry unreasonable

Under the state constitution, police knocks on the door for 25 seconds in the early morning before forcibly entering after even hearing the homeowner call out was not a reasonable amount of time to respond, and this warranted suppression of … Continue reading

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AP: Memphis police department to stop using no-knock warrants

AP: Memphis police department to stop using no-knock warrants by Adian Sainz (“The Memphis Police Department has decided to stop using ‘no-knock’ warrants in the wake of the fatal shooting of a black Kentucky woman by narcotics detectives who burst … Continue reading

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Rolling Stone: No-Knock Warrants: Inside Police Tactic That Killed Breonna Taylor

Rolling Stone: No-Knock Warrants: Inside Police Tactic That Killed Breonna Taylor by EJ Dickson (“In certain cases, judges may allow authorities to enter a suspect’s home without announcing themselves — but since the death of Breonna Taylor, their use is … Continue reading

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Louisville Courier Journal: Two articles on no knock SWs

Louisville Courier Journal: Rand Paul says no-knock warrants ‘should be forbidden’ in wake of Breonna Taylor shooting by Phillip M. Bailey (“‘No one should lose their life in pursuit of a crime without a victim, and “no-knock” warrants should be … Continue reading

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Louisville Courier Journal: Was a ‘no-knock’ warrant justified to search Breonna Taylor’s home? Several experts say no

Louisville Courier Journal: Was a ‘no-knock’ warrant justified to search Breonna Taylor’s home? Several experts say no by Andrew Wolfson (“A national authority on search and seizure law says the no-knock warrant that Louisville police obtained for Breonna Taylor’s apartment … Continue reading

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HI: Repeated announcement outside tent before entry with SW satisfied knock-and-announce requirement; def was hearing impaired and slept through it

Defendant lived in a park in a “tent,” under a tarp with gaps that officers could somewhat see inside. Officers had a search warrant and they announced loudly several times their office and purpose. There was no door to knock … Continue reading

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