HI: Repeated announcement outside tent before entry with SW satisfied knock-and-announce requirement; def was hearing impaired and slept through it

Defendant lived in a park in a “tent,” under a tarp with gaps that officers could somewhat see inside. Officers had a search warrant and they announced loudly several times their office and purpose. There was no door to knock on, and the officers complied with the knock-and-announce requirement by repeatedly yelling before entry. Defendant was hearing impaired, and they had to wake him. They protected his privacy as much as reasonably possible. State v. Keanaaina, 2020 Haw. App. LEXIS 123 (Apr. 13, 2020) (unpublished).

Holding a likely innocent DWI suspect for 8 hours before release, apparently consistent with state policy, stated a claim for § 1983 relief. Also, the individual officers involved can get a jury verdict in their favor, but the city still loses because of the policy. Barnett v. MacArthur, 2020 U.S. App. LEXIS 11856 (11th Cir. Apr. 15, 2020).

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