{"id":13550,"date":"2014-10-04T23:54:12","date_gmt":"2014-10-05T04:54:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13550"},"modified":"2014-10-06T08:46:58","modified_gmt":"2014-10-06T13:46:58","slug":"ca4-officers-didnt-force-their-way-in-but-the-exceptions-to-knock-and-announce-applied","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13550","title":{"rendered":"CA4: Officers didn’t force their way in, but the exceptions to knock-and-announce applied"},"content":{"rendered":"

The officer hit defendant\u2019s door hard to announce his presence under the knock-and-announce requirement and the door swung open on its own. That was technically a \u201cbreaking\u201d under \u00a7 3109, but it was reasonable to enter without announcement because of information the police had about danger inside. United States v. Martinez<\/a>, 2014 U.S. App. LEXIS 18759 (4th Cir. October 1, 2014).<\/p>\n

Officers received a call from a motel manager about drug use and sales going on from a room, so they went to the room. A man answered the door and they asked for consent to enter and search, and he gave it. The problem was that this man was not the renter. The trial court held the entry unlawful. Once inside, they found the renter and asked for permission to search his person, and there wasn\u2019t yet probable cause or a warning of a right to refuse. The search of his person was unreasonable, and it should also have been suppressed but wasn\u2019t. Brunson v. State<\/a>, 2014 Fla. App. LEXIS 15255 (Fla. 4th DCA October 1, 2014).<\/p>\n

The search of defendant\u2019s car was with probable cause there was a weapon used in a crime inside it. United States v. Thompson<\/a>, 2014 U.S. App. LEXIS 18763 (4th Cir. October 1, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The officer hit defendant\u2019s door hard to announce his presence under the knock-and-announce requirement and the door swung open on its own. That was technically a \u201cbreaking\u201d under \u00a7 3109, but it was reasonable to enter without announcement because of … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,50,36,24,56,16],"tags":[],"class_list":["post-13550","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-arrest-or-entry-on-arrest","category-automobile-exception","category-consent","category-knock-and-announce","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13550","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13550"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13550\/revisions"}],"predecessor-version":[{"id":13580,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13550\/revisions\/13580"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13550"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13550"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13550"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}