Category Archives: Knock and announce

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

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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

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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

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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

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

Posted in Exclusionary rule, Knock and announce | Comments Off on Hudson v. Michigan (2006) v. Wilson v. Arkansas (1995)

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

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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

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