MT: Knock-and-announce is a part of the reasonableness requirement; prior judicial authorization not required because it depends on exigency at scene

No-knock doesn’t have to be authorized by the issuing magistrate. Cause for a no-knock can be developed at the scene from the officer’s determination of exigency for justification for a no-knock. “Montana law does not also require judges to determine whether the anticipated means of executing a warrant are reasonable.” Knock-and-announce is part of the reasonableness clause. State v. Neiss, 2019 MT 125, 2019 Mont. LEXIS 211 (June 4, 2019). This is an excellent and thorough discussion.

This entry was posted in Knock and announce. Bookmark the permalink.

Comments are closed.