Category Archives: Knock and announce

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

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

NY3: No-knock and nighttime search warrant to gather DNA from person is excessive and suppressed

No-knock and nighttime search warrant to gather DNA from person is excessive and suppressed as a violation of the Fourth Amendment. It wasn’t going anywhere. A Yankees cap was left at the scene of a robbery and shooting, and the … Continue reading

Posted in DNA, Knock and announce, Warrant execution | Comments Off on NY3: No-knock and nighttime search warrant to gather DNA from person is excessive and suppressed