Category Archives: Knock and announce

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

Posted in Automobile exception, Knock and announce | Comments Off

CA9: A “dilapidated” shack behind a house on the curtilage was still a place subject to the Fourth Amendment

A “dilapidated” shack behind a house on the curtilage was still a place subject to the Fourth Amendment, but the entry without a warrant claim goes forward. They get qualified immunity on the knock-and-announce violation. Deputies entered and shot a … Continue reading

Posted in Arrest or entry on arrest, Curtilage, Knock and announce | Comments Off

NE: Failure to announce entry to execute a misd warrant on ptf’s grandson survived summary judgment; interests rule serves are important

The trial court erred in granting summary judgment for officers who entered plaintiff’s home to arrest her grandson without announcing and with force. A question of fact is presented on the failure to announce, and it serves important interests. The … Continue reading

Posted in Arrest or entry on arrest, Knock and announce | Comments Off

PA: Knock-and-announce rule in PA exists by court rule, and it serves important interests; the remedy for violation is suppression of evidence; Hudson not followed

The knock-and-announce rule in Pennsylvania exists by court rule, and it serves important interests. The remedy for violation is suppression of evidence. Pennsylvania does not follow Hudson v. Michigan. Commonwealth v. Frederick, 2015 PA Super 206, 2015 Pa. Super. LEXIS … Continue reading

Posted in Exclusionary rule, Knock and announce | Comments Off

S.D.Ala.: No-knock warrant was permissible here because of the expected presence of firearms and defendant used surveillance cameras

A no-knock warrant was permissible here because of the expected presence of firearms and defendant used surveillance cameras on the property. United States v. Miller, 2015 U.S. Dist. LEXIS 93857 (S.D.Ala. July 20, 2015): Miller also argues the affidavit did … Continue reading

Posted in Knock and announce | Comments Off

MA: While PC for a no-knock warrant wasn’t shown, GFE otherwise applies to no-knock

The affidavit for the search warrant included a no-knock request, but the fact that powder cocaine was sought wasn’t shown to be enough to justify a no-knock. Probable cause of a likelihood of destruction is required under Massachusetts law. Defendant … Continue reading

Posted in Good faith exception, Knock and announce | Comments Off

GA: Generalized, boilerplate statements about drug dealers for a no-knock SW don’t satisfy the Fourth Amendment

Generalized, boilerplate statements about drug dealers for a no-knock search warrant don’t satisfy the Fourth Amendment, and the trial court did not err in suppressing the search for lack of announcement. In addition, the product of a search doesn’t justify … Continue reading

Posted in Knock and announce, Warrant execution | Comments Off

CA5: Knock-and-announce still lives: No § 1983 qualified immunity for violation of rule

After discussing at length the purposes of the knock-and-announce rule and how well established it is, the court finds that the officer was not entitled to qualified immunity for a violation of the rule for entry into plaintiffs’ home without … Continue reading

Posted in § 1983 / Bivens, Knock and announce, Qualified immunity, Reasonableness | Comments Off

IN: No-knock issue moot by Hudson v. Michigan

Officers obtained a search warrant for firearms, but they also suspected they’d find drugs. There was probable cause for the firearms search and the rest was plain view. Even if the no-knock provision in the warrant was invalid, Hudson bars … Continue reading

Posted in Knock and announce, Reasonable suspicion | Comments Off

Hudson v. Michigan (2006) v. Wilson v. Arkansas (1995)

Posted in Exclusionary rule, Knock and announce | Comments Off

NY Westchester: Ptf survives summary judgment on search of wrong house

Plaintiffs’ house was subject to a no-knock search warrant by the SWAT team with flashbang explosive set off inside. Once in, it was apparent that the place was not at all as described by the confidential informant. Plaintiff survives summary … Continue reading

Posted in Consent, Emergency / exigency, Excessive force, Knock and announce, Police misconduct | Comments Off

CA4: Officers didn’t force their way in, but the exceptions to knock-and-announce applied

The officer hit defendant’s door hard to announce his presence under the knock-and-announce requirement and the door swung open on its own. That was technically a “breaking” under § 3109, but it was reasonable to enter without announcement because of … Continue reading

Posted in Apparent authority, Arrest or entry on arrest, Automobile exception, Consent, Knock and announce, Warrant execution | Comments Off