Category Archives: Knock and announce

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

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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

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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

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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

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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:

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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

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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

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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.”)

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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

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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

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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

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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

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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

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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

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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

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Rawstory: ‘Outrageous’: Judges slam FBI for not breaking down rich suspect’s front door to preserve ‘aesthetics’

Rawstory: ‘Outrageous’: Judges slam FBI for not breaking down rich suspect’s front door to preserve ‘aesthetics’ by Matthew Chapman (argument video, too):

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WaPo: What to know about no-knock warrants

WaPo: What to know about no-knock warrants by Courtney Kan, Nicole Dungca, and Jenn Abelson (“No-knock raids, considered one of the most dangerous and intrusive policing tactics, have been at the center of a debate in recent years over police … Continue reading

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W.D.Tex.: A dog sniff on federal property was reasonable; MMJ not an issue

“Defendant argues that given the evolving laws regarding marijuana (and other cannabinoid products or derivatives), dog sniffs are increasingly becoming unreliable and therefore violative of the Fourth Amendment because dog sniffs cannot discriminate between contraband and marijuana that is legally … Continue reading

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NY: No-knock warrant execution creates “special duty” for NY negligence law

For purposes of NY negligence law, execution of a no-knock warrant creates a “special duty” between the police and the public. Ferreira v. City of Binghamton, 2022 NY Slip Op 01953, 2022 N.Y. LEXIS 392 (Mar. 22, 2022):

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N.D.Okla.: Misdemeanor arrest warrant permits forcible entry in this circuit

Plaintiff’s claim that a forcible entry for a misdemeanor warrant fails because this circuit has held for 25 years that Payton applies to misdemeanor warrants. Plaintiff does state a claim, however, for failure to knock-and-announce before entry. First v. Hokett, … Continue reading

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